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Allied Interstate collecting an old debt from AT&T wirel

Date: Wed, 01/31/2007 - 09:28

Submitted by morgancr2e
on Wed, 01/31/2007 - 09:28

Posts: 4 Credits: [Donate]

Total Replies: 5


My mother recently received a letter from allied interstate saying they were collecting an old debt from AT&T wireless for $164 ($82 if I pay them now)I know for fact that the SOL has expired because the debt is from 1996 and Florida SOL for a written contract is five years. I checked two out of the three major credit report companies and this debt s no longer in my credit report. I called AT&T and they have written off the debt but Palisades recently purchased the old debt and then sent it to Allied Interstate.

After researching Allied Interstate on the internet they seem to be an aggressive junk debt buying collection agency with a long negative history. I am very weary of sending them any type of payment information or communication of any type that would legally reaffirm the debt. I have typed up a cease and desist letter but need to get some details from the letter from my mother before sending it.

As far as I know they do not have any contact information on me so I don't know if I should just ignore them and monitor mail for future letters or go ahead and send a cease and desist letter.


Don't ignore the collection agency. The law is in your side. Write a dispute letter mentioning about the expiry of the SOL. They must stop all collection attempts after receiving your letter.

In case you don't communicate, they may take you to the court on charges of avoiding the debt. You will think that it's not important to pay attention because the SOL got past. They want you to think like this only so that they prove the judge that you are avoiding the court date also. The judge will only get to hear from them. Since you are not there to present your case, a default judgment will be filed against you and you will have no other options. If you send them the dispute letter mentioning the expiry of SOL and cease all collection attempts, they have to follow your request legally. You will also have proof of your actions if you are required to prove it to the judge.

Read these links. It will help you in understanding more about this company????????s activities.

http://www.debtconsolidationcare.com/forums/about6229-2.html

http://www.debtconsolidationcare.com/forums/palisade.html


lrhall41

Submitted by Trenity on Wed, 01/31/2007 - 11:29

( Posts: 505 | Credits: )


Thanks for the advice I'll admend my cease and desist letter to include requests for allied interstate????????s license and registration for the state of Florida, proof of agreement that Allied Interstate has purchased the debt or has been hired by the creditor to collect the debt from the debtor as this is basic contract law, and debt validation that Florida????????s Statute of limitations for a written contract regarding this debt has not expired and is legally collectible.

My credit history has been clean for many years after my wife and I did debt consolidation years ago so this came and hit me by surprise and caused me alot of stress because my kid was in the hospital at the same time.


lrhall41

Submitted by morgancr2e on Wed, 01/31/2007 - 11:37

( Posts: 4 | Credits: )


I have just learned of a possible complication in my case I guess allied interstate has been calling my mother's home for about a month now but she never answered the phone because she did not know who they were. Should this make any difference on how I proceed?

Hypothetically speaking would it be smarter to just pay the $82 dollars there asking for in the way of a money order or cashiers check? If I do pay them could they legally go after me for money such as interest, late fees, etc.?


lrhall41

Submitted by morgancr2e on Wed, 01/31/2007 - 13:51

( Posts: 4 | Credits: )


Just to make sure I'm covering all my bases this was the letter I created using an online template and few alterations as a cease and desist letter.

Quote:

Dear Allied Interstate:

1. You are hereby notified under provisions of Public Laws 104-208, also known as the Fair Debt Collection Practices Act, that your services are no longer desired.

2. You and your organization must CEASE & DESIST all attempts to collect the above debt. Failure to comply with this law will result in my immediately filing a complaint with the Federal Trade Commission and the Florida Attorney General's office. I will pursue all criminal and civil claims against you and your company.

3. Let this letter also serve as your warning that I may utilize telephone recording devices in order to document any telephone conversations that we may have in the future.

4. Furthermore, if any negative information is placed on my credit bureau reports by your agency after receipt of this notice, this will cause me to file suit against you and your organization, both personally and corporately, to seek any and all legal remedies available to me by law.

5. Florida Statute of Limitations expired on this debt in 2001 and any legal judgments filed against me will have this plea entered as a defense. As of 27 January 2007 my credit report is free of outstanding debts and the original creditor has written off the account so it is my policy neither to recognize nor deal with collection agencies regarding this inquiry and all future communications must be done in writing.

6. For my Records I request in writing to the address listed above by certified mail with a return receipt a copy of allied interstate????????s license and registration for the state of Florida, proof of agreement that Allied Interstate has purchased the debt or has been hired by the creditor to collect the debt from the debtor as this is basic contract law, and debt validation that Florida????????s Statute of limitations for a written contract regarding this debt has not expired and is legally collectible.
Please be advised that your failure to comply with my requests may lead to liability under 15 U.S.C. ???? 1692k, and I may be entitled to actual damages, court costs, attorney????????s fees, and up to $1,000.00 in statutory damages.
Thank you for your prompt attention to this matter.
Sincerely,


lrhall41

Submitted by morgancr2e on Wed, 01/31/2007 - 14:09

( Posts: 4 | Credits: )