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Help- reiceved CA letter for Auto Repo in 12/2008 ..SOL?

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I hope you can help and provide some guidance!  Not sure what to do .... what to send .... or if I should conact a laywer for assistance.    I am grateful for any assistance and all guidance!

 

 

A few weeks ago I got my Credit Reports's with the intent of starting to start the "repair" process -- I have been "reading & getting ready" -  and before I could start .. its caused CA action .... first I started to get VM's ... now this letter.

  

The collection letter was for an Auto Repo in 12/2008.   From what I have understand -- it is now SOL ... (DOFD was 9/8/2008 so its been 6 years and almost 5 months)???    This is the first time I have received anything regarding this debt in years. 

 

 

 

FROM MY CREDIT REPORT  (there is no collection agency appearing for this yet)

State:  NJ

Creditor: American Honda

Balance: $10,746

Last Payment Made  09/08/2008

 

High Balance: $25,600

Original ChargeOff:  $10,746

 

Pay Status: Charge Off

 

Date Closed:

>Max Del of 60 days in 11/2008

 

Est Removal Date: 9/2015

 

 

 

The letter is from a collection agency stating that  (I will leave the name out, for now)

 

"An account in the amount of $10,746  owed to American Honda finance has been placed with our office for collection.

 

Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid.  If you notify this office in writing within 30 days from receiving this notice that you dispute the validity of this dept or any portion thereof, this office will obtain verifiction of the debt or obtain a copy of a judgement and mail you a copy of such judgement or verification.  If you request of this office in writing within 30 days after receiving this notice this office will provide you with the name and address of the original creditor, if different from the current creditor.

 

The above-stated Client has agreed to offer you the following settlement:

Current Balance:  $10,746

Settlement Offer: $2,686

Payment must be received by 03/19/15

 

Consider using your tax refund to settle your account.

 

Upon receipt of the settlement, our client will report the account has been setttled in full.  We are not required to make this settlemtn offer to you in the future.

 

This is an attempt to collect a debt by a debt collector.  Any information obtained will be used for that purpose,

 

 

 

 

 

 

 

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Do not send a dime as you may reset the SOL. You are home free, send a letter certified mail return receipt telling them to cease contact with you and that the statute of limitations is over. You cannot be sued on this alleged debt.

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CREDITHIS --thank you so much for taking the time to reply to my post!  I so appreciate it! .... I was just reading over different C&E letters ... and put one together based on a few different ones I came across ....  how does this look?    Should I sign a C&E to a CA? 

 

 

This letter is in response to your dated Febuary 2, 2015 (copy enclosed) concerning the collection of the above referenced account.

I do not believe I owe what you state I owe; therefore, I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and the New Jersey state laws.

 

Please be advised that not only do I dispute the validity of this debt, but I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in New Jersey has expired. Therefore, should you decide to pursue this matter in court, I intend to inform the court of my dispute of this debt and that the “statute of limitations” has expired.

 

This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me by phone on any number, regarding this or any other matter. You may contact me in writing to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

 

Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to: my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000.

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Way too much: I dispute this bill, it's past SOL. Please do not contact me any more. Include a copy of their bill and send it CMRRR.

 

Sincerely,  (optional)

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thank you!! ::daisy::

 

When I saw the TL on my CR earlier this month I was debating on whether to DV it or send the other repo letter I had seen; however, being that it was so close to the "delete" date I couldn't decide and was still researching .... then "bang" .... this letter arrived today! ....

 

there is one other TL on my reports ...that is an old credit card (citi) .. its so old .... the original TL is nowhere to be found (and i dont remember details).  My plan was to wait it out being that the "delete" date is only a few months away --- but, now I am starting to think that I will probably soon get a similar "letter"! .... my guess is that requesting my CR's stimulated the activity!

 

Anyway ... again, thank you so much .... so so so appreciate your response!

 

Best Regards! .....  I hope this letter keeps them away ..... -but, I am sure it will be sold to the next "JUNKY"! ... ugh!

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As long as your past your states SOL your fine only making a payment on the account or promising to pay will restart it. Thus, don't pay them a dime or promise anything and you will be okay.

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I would send the simplified C&D letter (debt out of SOL, I refuse to pay). Should be no more than paragraph.

As for the credit report since the DOFD was 6 years, 5 months ago, you only have another year before it falls off. In fact, I doubt this would really factor into your score unless they tried to re-age the debt which is illegal. I would worry more about more recent stuff than this.

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The part of the letter that said  "Consider using your tax refund to settle your account", sorry but I had to giggle over that part as it reminded me of the letter we had received from Credit Acceptance a few years ago thanks to a repo,  Not only in their letter they suggested using our tax refund to settle but Credit Acceptance had even went as far as saying in their letter that in the event you don't get a refund may they suggest one of the many fine payday loan places around the Denver metro area..and you can make the payment thanks to Western Union through customer service at your friendly neighborhood Walmart store. I am SHOCKED that the letter from Credit Acceptance didn't end with "Save Money..Live Better".

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The part of the letter that said  "Consider using your tax refund to settle your account", sorry but I had to giggle over that part as it reminded me of the letter we had received from Credit Acceptance a few years ago thanks to a repo,  Not only in their letter they suggested using our tax refund to settle but Credit Acceptance had even went as far as saying in their letter that in the event you don't get a refund may they suggest one of the many fine payday loan places around the Denver metro area..and you can make the payment thanks to Western Union through customer service at your friendly neighborhood Walmart store. I am SHOCKED that the letter from Credit Acceptance didn't end with "Save Money..Live Better".

 

Many years ago I actually had one debt collector offer to file my taxes for me and have the refund sent directly to them!  I asked the guy if he was a licensed tax preparer or CPA and he said no.  When I asked how he could legally file he got very quiet.  Then he got an earful from me about where he could go and how fast he could get there before I slammed the phone down.  Needless to say they got nothing from me.  

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YES!!!! I agree -- classless .... "consider using your tax refund" ... what a hoot!

 

QUICK QUESTION... when I send the C&D letter .... should I sign it or leave my signature off?   I am weary of sending anything w/signature to sleazy collection comps ....

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Fellas, I'm in the same situations but mine is just a year ago.  I have a repossession on my credit record and I just got a letter of intent to collect.  On my CR show that I owe the original creditor of $5028 but the letter I got from collection agency is asking for $8,750. Now I'm trying to raise my CRS so I can qualify for a mortgage.  Should I answer their letter to negotiate for a lower price and  make sure its recorded "paid in full" or just let them erase it out of my record file? I don't know where to start on this so if you'll be kind to give some advice how to handle this without giving my arm and leg just settle it, I would really appreciate all your advice. Thank you

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Do not send a dime as you may reset the SOL. You are home free, send a letter certified mail return receipt telling them to cease contact with you and that the statute of limitations is over. You cannot be sued on this alleged debt.

Sending money is a no no.. CORRECT.

 

Can not be sued... WRONG.

 

They can sue. It is SOL (4 years per UCC) but they would have to raise that defense in court.

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They can sue. It is SOL (4 years per UCC) but they would have to raise that defense in court.

 

Can you please explain this?   DOFD was 9/8/2008 so its been 6 years and almost 5 months.  how does UCC impact?

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They can be countered sued if they are that damn stupid to knowingly sue on a time barred debt.

 

Counter sued for what?  This is the original creditor and they are not subject to the FDCPA.   The OP would have an affirmative defense of the SOL being expired if sued AND they would have to raise it.  It is not automatic.  Beyond that there is no counter claim under FDCPA against and original creditor.

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It would be attacked as a frivolous suit if the OP sent a DV to them stating this was outside SOL.  Also, the OP said a collection agency sent them the demand letter....

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The collection letter was for an Auto Repo in 12/2008.   From what I have understand -- it is now SOL ... (DOFD was 9/8/2008 so its been 6 years and almost 5 months)

 

 

 

The letter is from a collection agency (synergetic out of texas)

 

RE: Amer Hon Fin

Client Act # XYZ

Our Accnt # ABC

Amt $10,764

Org Creditor: NA

 

"An account in the amount of $10,746  owed to American Honda finance has been placed with our office for collection.

 

Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid.  If you notify this office in writing within 30 days from receiving this notice that you dispute the validity of this dept or any portion thereof, this office will obtain verifiction of the debt or obtain a copy of a judgement and mail you a copy of such judgement or verification.  If you request of this office in writing within 30 days after receiving this notice this office will provide you with the name and address of the original creditor, if different from the current creditor.

 

The above-stated Client has agreed to offer you the following settlement:

Current Balance:  $10,746

Settlement Offer: $2,686

Payment must be received by 03/19/15

 

Consider using your tax refund to settle your account.

 

Upon receipt of the settlement, our client will report the account has been setttled in full.  We are not required to make this settlemtn offer to you in the future.

 

This is an attempt to collect a debt by a debt collector.  Any information obtained will be used for that purpose,

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Can you please explain this?   DOFD was 9/8/2008 so its been 6 years and almost 5 months.  how does UCC impact?

whychat explains it much better than me. But the UCC covers repossessions.

 

http://whychat.5u.com/repoltr.html

 

He (she?) posts a link to case law to support this. Regardless if you want to use the 4 years or your states time limit. They can sue you any time they want, for any amount they want. You need to answer the case and assert the defense that the case is time bared.

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The collection letter was for an Auto Repo in 12/2008.   From what I have understand -- it is now SOL ... (DOFD was 9/8/2008 so its been 6 years and almost 5 months)

 

 

 

The letter is from a collection agency (synergetic out of texas)

 

RE: Amer Hon Fin

Client Act # XYZ

Our Accnt # ABC

Amt $10,764

Org Creditor: NA

 

"An account in the amount of $10,746  owed to American Honda finance has been placed with our office for collection.

 

Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid.  If you notify this office in writing within 30 days from receiving this notice that you dispute the validity of this dept or any portion thereof, this office will obtain verifiction of the debt or obtain a copy of a judgement and mail you a copy of such judgement or verification.  If you request of this office in writing within 30 days after receiving this notice this office will provide you with the name and address of the original creditor, if different from the current creditor.

 

The above-stated Client has agreed to offer you the following settlement:

Current Balance:  $10,746

Settlement Offer: $2,686

Payment must be received by 03/19/15

 

Consider using your tax refund to settle your account.

 

Upon receipt of the settlement, our client will report the account has been setttled in full.  We are not required to make this settlemtn offer to you in the future.

 

This is an attempt to collect a debt by a debt collector.  Any information obtained will be used for that purpose,

SOL and time bared does not kill the debt (but some states have laws that kill the debt with SOL).. If your state does not kill the debt, they can collect on it for ever. They just run out of time to report or sue. Heck just the other day I got a settlement letter on a 15 year old land line phone bill.. 200 bucks down to 20 bucks.. I sent them a FOAD letter ;)

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Here, maybe this will help you: http://www.whychat.5u.com/repoltr.html  Make sure you read the link info at the bottom. As I recall this page or another connected to it will explain the UCC, which helps if your SOL is longer than the four year SOL on the UCC.

 

ALSO, this:   UCC stands for the Uniform Commercial Code; it is based on Model Law or "Uniform Law," adopted by individual states, who may vary the provisions of the Model Law. The uniform law projects attempt to harmonize commercial transactions among the States.

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whychat explains it much better than me. But the UCC covers repossessions.

 

http://whychat.5u.com/repoltr.html

 

He (she?) posts a link to case law to support this. Regardless if you want to use the 4 years or your states time limit. They can sue you any time they want, for any amount they want. You need to answer the case and assert the defense that the case is time bared.

 

 

Just an FYI, this is a hollow declaration:

If no such proof is provided within 14 days from receipt of this notice, the alleged claim of a deficiency will be considered null and void, and any continued collection activities, or continued reporting of this invalid claim on my credit reports will be considered a violation of the FDCPA and FCRA.

 

You can consider it whatever you want, but their claim is not legally invalidated, nor is it a violation of the FDCPA and FCRA if they do not provide what you ask for 2 years after the fact.

 

 

This will additionally get you into hot water:

In addition, if you singularly or severally fail to comply with the above requests, I reserve the right to seek damages against all parties, under all available State and Federal statutes and UCC § 9 remedies.

Since they don't have to comply with your untimely requests, if you sue them and it turns out they can prove they did in fact send the required notices in the proper time frame (30 days or whatever following repo), you will find yourself saddled with their legal costs to defend your frivolous lawsuit.

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Im not sure what to make of all this ....

 

But, thus far - I sent the CD letter one week ago CMRRR -- i have yet to get the green card back ... still waiting.    From what I understand ... SOL has passed .... so has UCC 4 years.    Perhaps I am misunderstanding all that I have read online ... ??

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