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121 calls for auto loan past SOL!


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I don't know who to turn to regarding Citibank and their 121 phone calls on an old auto loan. I took the loan out in Aug 2006, and the last paymt was in March, 2008 so it would be past SOL. Citibank's first phone call was in Aril, 2016, last Feb 2, 2017. In March, 2008 my SUV was vandalized. Foreign material was added to the gas tank in the form of a baby diaper, contents of diaper, cigarette butts, and some kind of thick liquid. Also the driver side door had huge gauges in it. More than likely my downstairs neighbor and her friends did the damage. My auto ins had a $1000 deductible, monthly car payment 256/mo. Warranty would not cover the vandalism and my insurance agent suggested sending the car back as my premium would sky rocket since the girl still lived downstairs so I did a voluntary surrender. 

Loan was through Citibank. Last pymt 3/2008. I live in NYS. 
 
The phone calls started in early April 2016 when my Caller ID read Citibank. I answered but no one answered me. The next day Citibank called again and I spoke to a woman. I was told I had a balance on the loan of $2100 and she asked how I wanted to pay this balance. After I told her "No" several times, she said my account would be sent to "collections". I hung up. I received many more calls in April, many twice a day, usually it was the calls in the morning when no one was on the line, but they would talk in the afternoon. This one caller, a man, asked me to settle the debt. I told him No. He said my account might be sent to collection agency. He then said "sue" in a low voice. I asked him not to call me anymore and hung up. The calls kept coming; most of the callers wanted me to set up a payment plan and each time I said no. Some of the callers said they wanted to prevent my account from going to collections or to a lawyer, a few would mention "sue". I received 29 phone calls from 04/13/16 through 6/28/16. I did block their calls but somehow they kept getting through but in early July I was able to block them yet they still called 92 times from 07/06/16 through 02/02/17! These blocked phone calls would still ring once. Still it was annoying that they kept on calling! (In a few calls they would tell me they were following the Fair Debt Collections guideline. I don't remember if they gave me the mini Miranda or not) I repeatedly requested proof of who they were. 

All calls were logged as well as taped.

I asked repeatedly for proof this was mine, and received sooo many excuses. I even received a call from them letting me know they were working on a letter! Finally, in July I received a letter...or  more like a request for $50 monthly payment. Even this statement was weird. It read... 

Letter dated  6/21/16.......I received it 7/9/16

"Please mail your monthly payment of $50 along with the enclosed payment stub to Citizens One Auto Finance with the enclosed payment stub and envelope please provide your telephone number with payment"

mini Miranda 

My name
Acc number
Current Balance
Due Date 12/01/11....!!!!
Scheduled Payment: 50.00
  (Their address is not on this letter)

Second letter and third letter are the same. 
Dated: 8/8/16  and  10/18/16
These letters stated "We attempted to contact you to discuss the balance owing on your above referenced account. To date this balance remains unpaid. 
Since you failed to address this matter, we must now inform you unless payment in full, or satisfactory arrangements are made immediately we will seek other alternatives to collect this balance. 

(Their addy and phone numbers are on the letters as are my acct info, amt owed)

 
From what I understand, all of the calls are past 
the statute of limitations and are covered under the Fair Debt Collections 
Guidelines, also I can not be threatened with being sent to a collections 
agency nor can they say they'll sue me when they know they can't. And, the 
number of phone calls...aren’t over 121 a bit of overkill? 

Thank you 

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Because Citibank is not a "debt collector" under the FDCPA, you have no cause of action there.

There may be something in your state laws that they may be violating, but it's unlikely. 

Just because the debt is beyond the SOL to sue you doesn't mean you don't still owe the debt. It's just that they can't take you to court overt it. But they are allowed to call you as much as they want to get you to pay it (assuming they aren't violating a local law).

Be advised that making a payment on this debt, or even acknowledging you owe it in some circumstances, could very likely reset the SOL and give them another 4 years to sue you, which is probably what they are trying to do. 

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5 hours ago, Numbnut said:

From what I understand, all of the calls are past 
the statute of limitations and are covered under the Fair Debt Collections 
Guidelines, also I can not be threatened with being sent to a collections 
agency nor can they say they'll sue me when they know they can't.

As pointed out by @Harry Seaward, an original creditor is not bound by the FDCPA.

Even if you were being contacted by a collection agency, collection attempts for time-barred debts would be based upon state law and applicable court precedent.

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If this were me, I would send a letter CMRRR revoking consent to auto-dial my cell phone and also asking that they stop contacting me completely.  Any calls to a cell phone after receiving this letter is a TCPA violation and any calls to a land line may be a state law violation or harassment.

On a side note, did you allow an insurance agent to talk you into not making any claim and instead voluntarily repossess the worthless vehicle leaving you still on the hook for remaining payments?  I hope that agent got a nice bonus from his company that month for pulling that off!!  Always remember that the insurance agent is not your friend. They are out to save THEMSELVES money and not do you any favors.

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