carsearch1982 Posted December 3, 2018 Report Share Posted December 3, 2018 Sent in a debt validation letter. the debt was already past the S.O.L. Posted a pic of the response below. What is my next move? Edit: It wont let me upload a pic. But basically the response was that they bought my debt ( that was out of sol) and all they show is dollar amount and the date of the last payment (out of s.o.l) Basically they didn't send anything different then what I requested or what they sent me in the past. Quote Link to comment Share on other sites More sharing options...
BV80 Posted December 3, 2018 Report Share Posted December 3, 2018 6 minutes ago, carsearch1982 said: Sent in a debt validation letter. the debt was already past the S.O.L. Posted a pic of the response below. What is my next move? Edit: It wont let me upload a pic. But basically the response was that they bought my debt ( that was out of sol) and all they show is dollar amount and the date of the last payment (out of s.o.l) Basically they didn't send anything different then what I requested or what they sent me in the past. What did they send? Credit card statements or what? Quote Link to comment Share on other sites More sharing options...
carsearch1982 Posted December 3, 2018 Author Report Share Posted December 3, 2018 No just a 1 page document with all the credit agency normal info and it just says this. The following info is being provided in response to your recent communication concerning the account referenced above. Account # and its proceeds were sold, assigned and transfered by the seller to pra, llc on sep 22 2014. At the time of the sale, the seller provided an electronic file of its business records concerning this account. According to the sellers records, there was due and payable from (my name) to the seller in the sum of 1,000 dollars with respect to the account, as of sep 22 2014 there being no known un-credited payments, counterclaims, or offsets against this account at the date of its sale. Please contact us if you would like to receive a payment history of payments that have posted to this account since our company purchased this account. Quote Link to comment Share on other sites More sharing options...
BV80 Posted December 3, 2018 Report Share Posted December 3, 2018 2 minutes ago, carsearch1982 said: No just a 1 page document with all the credit agency normal info and it just says this. The following info is being provided in response to your recent communication concerning the account referenced above. Account # and its proceeds were sold, assigned and transfered by the seller to pra, llc on sep 22 2014. At the time of the sale, the seller provided an electronic file of its business records concerning this account. According to the sellers records, there was due and payable from (my name) to the seller in the sum of 1,000 dollars with respect to the account, as of sep 22 2014 there being no known un-credited payments, counterclaims, or offsets against this account at the date of its sale. Please contact us if you would like to receive a payment history of payments that have posted to this account since our company purchased this account. See if the information complies with your state’s debt buyer act. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=1.6C.5.&part=4.&chapter=&article= Quote Link to comment Share on other sites More sharing options...
carsearch1982 Posted December 3, 2018 Author Report Share Posted December 3, 2018 The one thing that quickly stood out to me was this section? (b) A debt buyer shall not make any written statement to a debtor in an attempt to collect a consumer debt unless the debt buyer has access to a copy of a contract or other document evidencing the debtor’s agreement to the debt. If the claim is based on debt for which no signed contract or agreement exists, the debt buyer shall have access to a copy of a document provided to the debtor while the account was active, demonstrating that the debt was incurred by the debtor. For a revolving credit account, the most recent monthly statement recording a purchase transaction, last payment, or balance transfer shall be deemed sufficient to satisfy this requirement. Quote Link to comment Share on other sites More sharing options...
carsearch1982 Posted December 3, 2018 Author Report Share Posted December 3, 2018 Alos heres a link to the pic of the letter. https://imgur.com/a/Wzy9iOf Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted December 3, 2018 Report Share Posted December 3, 2018 47 minutes ago, carsearch1982 said: The one thing that quickly stood out to me was this section? (b) A debt buyer shall not make any written statement to a debtor in an attempt to collect a consumer debt unless the debt buyer has access to a copy of a contract or other document evidencing the debtor’s agreement to the debt. If the claim is based on debt for which no signed contract or agreement exists, the debt buyer shall have access to a copy of a document provided to the debtor while the account was active, demonstrating that the debt was incurred by the debtor. For a revolving credit account, the most recent monthly statement recording a purchase transaction, last payment, or balance transfer shall be deemed sufficient to satisfy this requirement. That letter does comply with that section. It clearly states that as part of the sale and transfer the business documents associated with the account were transferred the PRA the buyer. It does not matter what you asked for in DV ALL they are required to provide are the name of the OC and amount you owe. They are not required to prove anything. If you used a DV letter cut and pasted from the internet (or this site) odds are high it is riddled with errors and a laundry list of things that are not required under the FDCPA or state law. If this debt really is beyond the SOL for suit then the only letter necessary was a cease and desist. No need to DV if they can only send a letter saying pretty please pay us instead of going to court. Quote Link to comment Share on other sites More sharing options...
carsearch1982 Posted December 3, 2018 Author Report Share Posted December 3, 2018 Oh ok so a cease and desist. They even told me on the phone that they have no legal action because it's past the s.o.l as well as it says it on the letter that it's not a request for payment. So I guess I will be sending out a cease and desist. But with this company I know even after that they WILL STILL KEEP HASSLING ME. What do I do after I send a cease and desist letter and they still contact me? Quote Link to comment Share on other sites More sharing options...
BV80 Posted December 3, 2018 Report Share Posted December 3, 2018 36 minutes ago, carsearch1982 said: Oh ok so a cease and desist. They even told me on the phone that they have no legal action because it's past the s.o.l as well as it says it on the letter that it's not a request for payment. So I guess I will be sending out a cease and desist. But with this company I know even after that they WILL STILL KEEP HASSLING ME. What do I do after I send a cease and desist letter and they still contact me? If they continue to contact you about paying the debt, document the contacts and sue them. Quote Link to comment Share on other sites More sharing options...
carsearch1982 Posted December 3, 2018 Author Report Share Posted December 3, 2018 ok will do already made a file with all their documents they keep sending me. I guess its probably a more complicated question. But what's the easiest way/process of suing them or actually even serving them papers if I decided to go that route? Quote Link to comment Share on other sites More sharing options...
BV80 Posted December 3, 2018 Report Share Posted December 3, 2018 25 minutes ago, carsearch1982 said: ok will do already made a file with all their documents they keep sending me. I guess its probably a more complicated question. But what's the easiest way/process of suing them or actually even serving them papers if I decided to go that route? Take it one step at a time. Right now, just send the C&D. After receiving it, they are allowed to contact you one more to inform you of what they intend to do. If they continue to try to collect, get a consumer attorney and let him handle it. Quote Link to comment Share on other sites More sharing options...
carsearch1982 Posted December 3, 2018 Author Report Share Posted December 3, 2018 Ok got it. Do you have a sample cease and desist letter or can I just find any regular one online? Also if I hire a consumer attorney wont that cost me money? How would me spending money on an attorney help me have them hassling me? Plus I would be out the cost of an attorney as well right? Quote Link to comment Share on other sites More sharing options...
BV80 Posted December 3, 2018 Report Share Posted December 3, 2018 28 minutes ago, carsearch1982 said: Ok got it. Do you have a sample cease and desist letter or can I just find any regular one online? Also if I hire a consumer attorney wont that cost me money? How would me spending money on an attorney help me have them hassling me? Plus I would be out the cost of an attorney as well right Date Your name Addresss City, state Collection Agency Address City, state RE: Account # (collection agency acct. # for the debt) To Whom It May Concern: I dispute the above referenced account and demand that you cease and desist all contact. Your name Be sure to send the letter by certified mail, return receipt requested in order to have proof that they received it. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted December 3, 2018 Report Share Posted December 3, 2018 1 hour ago, carsearch1982 said: ok will do already made a file with all their documents they keep sending me. They keep sending you stuff because you haven't told them to stop contacting you yet. 28 minutes ago, carsearch1982 said: Do you have a sample cease and desist letter or can I just find any regular one online? You do not need a fancy letter. A simple: "Dear PRA: I refuse to pay this debt. Do not contact me again regarding this matter." Signed: Consumer. 28 minutes ago, carsearch1982 said: Also if I hire a consumer attorney wont that cost me money? No. If there is a clear solid violation of the law(s) a good consumer attorney will take it on contingency meaning they get paid out of the award. 28 minutes ago, carsearch1982 said: How would me spending money on an attorney help me have them hassling me? You would only need an attorney if PRA ignores the cease and desist. I have dealt with them myself and I can assure you that the chances they continue to try and collect after a cease and desist are slim to none. Just send the letter and stop worrying about it. Quote Link to comment Share on other sites More sharing options...
carsearch1982 Posted December 3, 2018 Author Report Share Posted December 3, 2018 Ok well I guess thats what I will be doing tomorrow sending a cease and desist letter. I heard a lot of people mention that even after a cease and desist letter they kept getting contacted. Maybe thats how it use to be? I read lots of stories and heard from people that said this company contacts people no matter what and when you file a lawsuit against them thats when they finally try to agree to stop contacting you if you agree to drop the lawsuit? Quote Link to comment Share on other sites More sharing options...
BV80 Posted December 3, 2018 Report Share Posted December 3, 2018 59 minutes ago, carsearch1982 said: Ok well I guess thats what I will be doing tomorrow sending a cease and desist letter. I heard a lot of people mention that even after a cease and desist letter they kept getting contacted. Maybe thats how it use to be? I read lots of stories and heard from people that said this company contacts people no matter what and when you file a lawsuit against them thats when they finally try to agree to stop contacting you if you agree to drop the lawsuit? They cannot make that kind of deal. Contact after a C&D is a violation of the FDCPA. They cannot offer to “stop violating the law” in exchange for not being held accountable. Such an offer could be considered a violation. Quote Link to comment Share on other sites More sharing options...
carsearch1982 Posted December 3, 2018 Author Report Share Posted December 3, 2018 Ok I will send out a certified letter tomorrow. And we will see what happens from this point on. So once they receive it how long do they legally get before they have to stop contacting me? Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted December 3, 2018 Report Share Posted December 3, 2018 8 hours ago, BV80 said: Date Your name Addresss City, state Collection Agency Address City, state RE: Account # (collection agency acct. # for the debt) To Whom It May Concern: I dispute the above referenced account and demand that you cease and desist all contact. Your name Be sure to send the letter by certified mail, return receipt requested in order to have proof that they received it. Alternatively, just saying "I refuse to pay the alleged debt" also works the same as saying "do not contact me" per the FDCPA. 1 Quote Link to comment Share on other sites More sharing options...
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