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Collection letter after over 8 years ( past SOL )


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Hi

 

I received a letter from a law firm going along the lines of CREDIGY services chose us to pursue this loan and we are attempting to collect the debt. This was for a Discovery account I had over 12 years back. The SOL should have expired on it some time in 2004. Should I respond them with a standard debt verification letter? or just ignore it knowing that the SOL  has already past on this?

 

Thanks for the advise in advance.

 

-M

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Did you default 12 years ago or did you open the account 12 years ago. If the latter, when did you default because it is the Date of 1 month after the last month you made payments that determine the SOL period. Not when you opened the account.

In any case, Texas has a 4 year SOL and Virginia has a 3 year SOL on credit cards (which are oral contracts) so if the default year is before 2010, then the debt is indeed outside of SOL regardless of which state law they use.

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If all you want is for them to go away and leave you alone all you need to do is send a cease and desist letter. Send it CMRRR. As another poster said, keep these documents! If they contact you after they have rec'd the green card it is a FDCPA violation.

 

I have had numerous collection debts resolved because they almost ALWAYS contact after a C&D and then you have them. In exchange for not suing them for violating the C&D they send you a nice little document saying the matter is resolved and it can't be sold or transferred. Voila! Gone.

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  • 4 weeks later...

Is this the letter you guys referring to?

 

Date

Your Name
Your Address
City, State Zip

Collection Agency
Collection Agency Address
City, State Zip

RE: Account #xxxxx-xxxxxx

 

Dear Collection Agency,

Under the Fair Debt Collection Practices Act Section 805 ©, it is my right to request that you cease contact with me. I am exercising my right to do so with this letter. I request that you immediately CEASE and DESIST all contact with me.

With this notice, under the law, you can now only contact me to:

  1. To advise me that your company's further efforts are being terminated;
  2. To notify me that your companie may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
  3. Where applicable, to notify me that your company intends to invoke a specified remedy.

GIVE THIS LETTER THE IMMEDIATE ATTENTION IT DESERVES.

Sincerely,

Your Signature

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Or send this one first?

Date

Your Name
Your Address
City, State Zip

Collection Agency
Collection Agency Address
City, State Zip

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

I am continually being called on the telephone by your firm over an alleged (fill in the amount) debt. According to the information given to us by your firm, the date of last activity by the original creditor was (date). The State of Limitations on this alleged debt, even should it be ours, is X years in the state of (your state). Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt.

I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA). However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus. The exact statute:

[15 USC 1692e]
(2) The false representation of --

(A) the legal status of the alleged debt

and

(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

I am also doubtful that you would have adequate documentation to prove in court that you have the right to report this negative information on my credit report, and therefore you are in violation of the Fair Credit Reporting Act as well as the FDCPA. However, I will give you the chance to prove that you are lawfully entitled to report this information by requesting an investigation.

Under the FDCPA I am also invoking my right to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activiets.

Please remove this account immediately from my credit report or I will have to take legal remedies which may include lawsuits and notifying our state attorney general's office. In addition, I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a $1,000 fine, payable to me.

Sincerely,

Your Signature

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That second letter is SO full of wrong things it is impossible to know where to start.  Spelling errors, grammar errors, legal errors.

 

The first one is short and to the point which is ALL that is needed.  

 

"Under the FDCPA I am also invoking my right to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activiets."

 

If you want them to stop contacting you then you don't demand validation in the same letter that tells them to cease and desist contacting you.  

 

"Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt."

 

If they aren't reporting then why mention it?  ARE they reporting this on your CR?

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