Tiredofharassment 0 Posted February 13, 2019 Report Share Posted February 13, 2019 Hello, I just got a letter 1/24/2019 from the lovely Hunt & Henriques notifying me of their "intent to sue and incur court costs" on behalf of their client "portfolio recovery associates llc" for my old credit card debit (which was $1,400) of $1,842 from a Barclay card opened up fall of 2013. I've made no contact with H & H. I have tried over and over to find out when my last payment was on the Barclay card, but I am almost certain it was 4 years ago, give/take a few months. I'm in CA and I know the statue of limitations is 4 years, which I'm at or, darn close to it. This debt has gone through a few collection agencies so it's not even barclay that's suing me, they sold my debt a while ago. I have read that I need to send a DV letter initially. My questions: What should the letter say? How can I verify when my last payment to Barclay was? They locked my account so I cannot see any transactions. After I send the letter, I'm sure those money hungry jerks will respond. What do I do after that? How can I drag this out to the 4 year mark so the debt falls off? Does it actually "fall off" my credit or stay on it as an unpaid but closed debt? Any help will be appreciated Thank you kind souls!! Quote Link to post Share on other sites
nobk4me 395 Posted February 14, 2019 Report Share Posted February 14, 2019 I would send a simple DV letter: "I hereby dispute this alleged debt. Please validate." Start researching legal strategies now. One: arbitration. Two: SOL, re a borrowing statute. I think there is a CA case Resurgence v. Chambers (I think that's the case??) that asserts that CA borrows other states' shorter SOLs. Is Barclay based in Delaware? If so, SOL there is 3 years. 1 Quote Link to post Share on other sites
Tiredofharassment 0 Posted February 14, 2019 Author Report Share Posted February 14, 2019 Thanks! What's a SOL? This is my 1st time dealing with a debtor and I'm a newb at everything! As far as arbitration goes, the debt is less than 2k, won't I spend more on a debt relief lawyer? Quote Link to post Share on other sites
wernda1234 23 Posted February 15, 2019 Report Share Posted February 15, 2019 SOL is the statue of limitations - this is the time period in which you could be sued for the debt. Debt collectors can still try to collect the debt outside the SOL but they cannot sue you for it. Depending on your cardholder agreement, there may be language in there that says any disputes must be resolved via arbitration vs. filing a lawsuit. Arbitration is very expensive for the plaintiff and they may decide to withdraw the lawsuit and quit. 1 Quote Link to post Share on other sites
wernda1234 23 Posted February 15, 2019 Report Share Posted February 15, 2019 Please see this link from our friend fisthardcheese about arbitration 1 Quote Link to post Share on other sites
LaneBlane 95 Posted February 15, 2019 Report Share Posted February 15, 2019 A copy of one of your credit reports should help you determine when your last payment was reported by Barclay. Your credit report should include a four-year payment history for each creditor. If your payments were made by check, bill pay, or auto withdrawal, you can look through your bank records to figure this out. If you don't have any records, you can visit a branch to request copies of statements for a particular period. Don't be surprised if they charge you a fee. Quote Link to post Share on other sites
nobk4me 395 Posted February 15, 2019 Report Share Posted February 15, 2019 More on the statute of limitations (SOL) defense: Resurgence v. Chambers: https://caselaw.findlaw.com/ca-superior-court/1289969.html Barclays operates in the United States as a Delaware corporation, and its cardmember agreements specify that Delaware law governs. Example (this may not apply to your actual account) found in CFPB database: https://www.consumerfinance.gov/credit-cards/agreements/issuer/barclays-bank-delaware/ So, in California, this debt should be time-barred 3 years after the last payment. Quote Link to post Share on other sites
nobk4me 395 Posted February 16, 2019 Report Share Posted February 16, 2019 More thoughts: IF this account is in fact time-barred by Delaware law, and thus also in CA pursuant to Resurgence v. Chambers, then the law firm may have violated the FDCPA and California's Rosenthal Act, by threatening an action that cannot be legally taken. I would consult with a consumer attorney. You could get $1K under FDCPA, and probably more under state law. H&H would also pay your attorney's fees, so there is no cost to you. Maybe @calawyer can chime in here? Quote Link to post Share on other sites
Brotherskeeper 909 Posted February 16, 2019 Report Share Posted February 16, 2019 @Tiredofharassment and @nobk4me This recent case has some very helpful info: Professional Collection Consultants v. Lauron (2017) 8 Cal.App.5th 958 [214 Cal.Rptr.3d 419]. Quote Link to post Share on other sites
Jen dempsey 0 Posted October 23, 2019 Report Share Posted October 23, 2019 Hi, I received my first letter from Hunt saying they are attempting to collect the outstanding balance. I haven’t been sued yet since this is the first letter but it does state to contact them within 30 days to dispute. What should I do? It is $11,000 and less than a year old from Bank of America. How do I go about settling and not getting sued? I am in Ca. Quote Link to post Share on other sites
