Quote:
Originally Posted by Anonymous
according to the debt cures book in Ohio the statutes of limitations is up on that debt after 4 years. As long as you haven't admitted to owing on it to the collection agency. So next time they contact you tell them the Statutes of limitations is up and not to contact you again.
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You should be able to send them a letter to stop sending you any communication regarding this account based on the Statute of limitations. What they are trying to do is collect old debt, even though it may have already been charged off from Capital One and it is no longer on your credit report.
At present, they are not doing anything wrong to hound you for the debt. Simply because the debt cannot be sued upon in court does not mean that they can't try to get you to voluntarily pay. Under the Fair Debt Collection Practices Act, however, the collection agency must stop contacting you if you provide them with written notice demanding the same. You can simply say:
"Pursuant to the Fair Debt Collection Practices Act, 15 USC 1692c(c), I hereby demand that you cease all communication to me about my account [number ________] with [creditor]."
The collection agency is allowed to contact you one additional time to confirm receipt of your demand and instruct you on what the creditor plans to do next, which, may be nothing, if this no longer appears on your credit report. Hope this helps. Good luck.