Internet's first get-out-of-debt community - 145,000 members

denizen16214 · Posted: Thu Apr 05, 2007 12:43 pm Subject: RJM+Fingerhut=WTH!!!

Hi all. Hopefully one of you can give me some advice about a strange letter I received today.

I just opened a letter from a RJM Acquisitions
Funding LLC concerning a Fingerhut account I had loooong ago. Before I go any further, let me tell
you about my relationship with the wonderous company
known as Fingerhut:

Many moons ago I had ordered a pair of tennis shoes
and a workout video for a female friend of mine.
Total cost: aprox. $100.00 - $150.00. Now here's
where it get funny... say if the payment date was Jan. 1st of each month, I would get the bill in the mail either a day right before the due date or right after the day it was due. So no matter what, my payments were always late (Late payments= late
charges). No matter how many times I called the Hut
to clear up the mess I got the same answer: "Send
payments earlier". But I'm kinda funny about the
fact sending payments to a shady company without a
statement makes me feel all weird inside. The
easiest solution would be for the company to send their bills earlier so I could get their payment
to them on time. HAHAHA. That didn't happen. In a
nutshell, I ended up paying at least 3x what the original purchase was (the $100 principle wasn't
even being paid on yet. It was all "late payment
fees") before I said "Enough of this". I called them and let them know they would no longer being getting
anymore money from me since I had paid for their shoddy merchandise 3x over. Of course a year or so
later it was showing up on my CR which I promptly disputed and it was deleted from all three reports
(I checked again today, still no longer on my CR).

Ok, sorry for my life story there:) I guess the question is why is RJM sending me a notice on an
account that has been deleted? Should I send them a letter saying it's no longer a valid account? Or should I just throw away this paper and go back to watching Judge Judy?

Posted: Thu Apr 05, 2007 1:17 pm Subject:

Chances are that Fingerhut has hired RJM for collecting on the debt, with the hopes of making more money from you. Or, RJM has just collected your information from Fingerhut without their knowledge.

You must make them validate the account and review the details. Once they give you the accurate details, write a dispute letter mentioning that the account is already paid off. Call Fingerhut and insist for a PIF letter.

denizen16214 · Posted: Thu Apr 05, 2007 1:33 pm Subject:

Looking at this letter I see it seems to have all
the required info:
Orginal Creditor: Fingerhut
Original Creditor's Account #: xxxxxxxxxx

It lists three opportunities to settle (none of
appeals to me considering someone's kid got a years
tuition paid for by my "late charges").

But what surprises me is the detailed information on the back explaining The Fair Debt Collections Act
and information on how to contact the Federal Trade Commission for any questions.

I also believe the SOL has since expired. I think
this all took place in 1999 or 2000. I'm just curious if I should pay this or contact them considering
this has been deleted from my CR and the SOL is
past.

Posted: Thu Apr 05, 2007 3:20 pm Subject:

By making a new payment activity, you will be opening up a new can of worms when the item is past the reporting period and with expired SOL. At this stage, sending a dispute letter will resolve everything.

Posted: Fri Apr 06, 2007 1:20 am Subject:

How long ago was this Fingerhut purchase? Most likely RJM has purchased a debt on which the SOL has run.

denizen16214 · Posted: Fri Apr 06, 2007 2:00 pm Subject:

I really think the purchases were made in 2000 (2001 being the very latest). I'm send a DV letter and see what happens from that.

denizen16214 · Posted: Fri Apr 06, 2007 3:22 pm Subject:

Ok, I found an old credit report I did a couple of years ago. The date of last activity showing for Fingerhut is 10/2000. They're cutting close with the SOL. I assume if I send (or tell them I will send) any sort of payment, the SOL will be reset?

Posted: Fri Apr 06, 2007 5:32 pm Subject:

The SOL has probably already run. I've seen letters almost the same as the one you mention. Those letters offered three ways to pay, etc, and were debts clearly where the SOL had run. RJM put the date of last payment on the ones I saw, one as far back as 1993. What state are you in? Most states' SOL is no longer than six years, with exceptions such as Ohio and a couple of others. They hope you'll take one of the "easy payment" options. Then it will bring the debt back into the SOL, and they'll try to collect the full amount. If your debt is out of the SOL, send them a letter (CRR) te;;ing them that they are trying to collect a debt on which the SOL has run, and to cease and desist all further communications, unless it is notice of a complaint being filed against you.

Posted: Fri Apr 06, 2007 5:39 pm Subject:

Hello Law Student.

I live in Penna. I have always assumed the SOL is 7 years.
I was planning to send aletter of validation. You recommend just sending a letter stating that the SOL has passed and to leave me alone instead?

I truly appreciate all the advice I have gotten here. You people are the best.

PS: I can type out exactly what the letter says if you wish.

Posted: Fri Apr 06, 2007 6:00 pm Subject:

PA is four years, except for some real estate transactions wich is five. I have an idea already what the letter says. I've seen similar. Indeed I would send a cease and desist letter (CRR) stating that they are trying to collect on a debt in which the SOL has run, a debt, which even if you did once own, are no longer obligated too. Start out with "be advised that to pursuant to the Fair Debt Collection Pratices Act ("fdcpa") 15 USC 1692c(c) you shall immediately cease any and all communication with me or any members of my family regarding this alleged debt which you say I owe"...then go on to explain about the SOL has run, etc.

Posted: Fri Apr 06, 2007 6:02 pm Subject:

Law student, what is the SOL in OH?

Posted: Fri Apr 06, 2007 6:03 pm Subject:

BTW, you can send a letter of validation is you want, explaining how the SOL has run. But seeing that you aren't obligated to this alleged debt anymore, it would really be wasting time in my opinion.

Posted: Fri Apr 06, 2007 6:22 pm Subject:

My thanks to you, Law Student.
So if I understand this correctly- the SOL is no longer valid for this particular matter. In such a case I am no longer obligated to pay on (which I already have, 3x over). And they cannot put any negative marks on my CR, correct?

Posted: Fri Apr 06, 2007 6:40 pm Subject:

Steelers, unfortunatly the SOL in Ohio is fifteen years I believe, among the longest in the country.
denizen: If the SOL has run, you are no longer obligated to pay it. That's one reason I'd only deal with them in writing. They will telol you anything to get you to pay even a small amount. But, if you pay them so much as a penny, it will start the SOL again. I don't know what they might try on your CR. But you can enclude it in your cease and desist letter, that if any negative remarks are made by them on this alleged debt on which the SOL has run, you will file a complaint in your local court. The debt is over seven years old, and shouldn't be on your CR.

Law Student
San Francisco, California

Posted: Fri Apr 06, 2007 6:51 pm Subject:

I found statutes for OH and it gives anywhere from 6-15 years on SOL depending on the debt, it is confusing to me because I don't understand the descriptions, I wish it would say it plain and simple.This is the link to where I found the SOL, but, like I said, this is a confusing topic for me.

http://fair-debt-collection.com/statue-limitations.html

Posted: Fri Apr 06, 2007 6:56 pm Subject:

A credit card would be 15 years I believe. It is odd that verbal agreements and oral contracts are only 6 years. What sort of debt is it that you have?

*Name:
*Email:
*Phone:
*Zip:
*Debt

	* denotes required field

Internet's first get-out-of-debt community - 145,000 members

RJM+Fingerhut=WTH!!!

Members Area

Free Debt Counseling

Ask the community

Also See

Featured Discussions

Featured Articles

Recent Forum Discussions

Recent Blog Post