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Jojool

To Collect or not collect?

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I have been dealing with a couple of CA's that are driving me nuts.  This is in reference to an alleged debt that is over 10 years old.  I have responded with letters, asking for disclosure of all information that they have. The first one, Credit Management,llp, finally sent me a letter saying that they would not pursue the alleged debt. 

 

Two weeks later, I received a letter of collection from Resurgent Capital Services, regarding the SAME alleged debt.  Again, I sent a letter, also including a 30 day response time.  It took them months to respond, and I got a letter from them saying "The law limits how long you can be sued on a debt.  Because of the age of your debt, LVNV Funding will not sue you for it, and will not report it to any credit reporting agency." 

 

Today, (dated 6 days after the first letter), I received another letter from Resurgent.  It begins with "We have rec'd your inquiry regarding the above referenced account.  However, the information provided, along with the review of the account, is insufficient to support your claim.  If we do not receive additional information on this account, we may resume collection efforts."

 

What do I do now?  Another letter?  If so, what do I say?  Does one hand not talk to the other at this CA? 

 

Please, I'd love some advice on this one.  I have NOT and will NOT admit to this alleged debt as it is 10 years old and beyond the Statute of Limitations. 

 

Thanks!!!  Juli in Arizona

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It is simple.  When you KNOW that the debt is that old you send a cease and desist so that if they continue collection efforts you can sue them.  There is absolutely NO need to DV a JDB or CA who outright tells you they will not sue or report the debt.  Send them a FOAD letter and be done with them.

 

FYI:  LVNV and Resurgent are all the same company essentially because they are owned by the Sherman Group.  I just went through this with them.  I finally sent my FOAD to the Sherman Group and basically said you and all your subsidiaries are never to contact me again.  They stopped.

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@Jojool

 

As @Clydesmom suggested, send a cease and desist (C & D) letter.  It does not have to be detailed.  Just state that they are to cease and desist all contact.  They can contact you one more time to tell you that they're closing their files or taking some other action, but they can't try to collect.

 

Note that this does not stop them from selling the account to another JDB.  If another JDB contacts you, you have 3 options:

 

1.  Ignore it.  They can't do anything to you.

 

2.  Send a debt validation (DV) request.  When an account is outside the SOL, a DV is usually sent in the hopes that the CA or JDB will violate the FDCPA.

 

3.  Send a C & D. 

 

What's happening to you is nothing about which you should be upset.   Since the debt is outside the SOL, the letters are the equivalent of junk mail.  Either toss them or send C & Ds.

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Thank you!  I've sent the C&D letter and I'm done!  :) 

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