1st letter from hunt and henriques...what do I do?

[Tiredofharassment 0]

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!!

[nobk4me 381]

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.

 

 

[Tiredofharassment 0]

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? 

 

 

[wernda1234 23]

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.

 

[wernda1234 23]

Please see this link from our friend fisthardcheese about arbitration

 

 

[LaneBlane 66]

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.

[nobk4me 381]

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.

[nobk4me 381]

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?

[Brotherskeeper 857]

@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].

[Jen dempsey 0]

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.