will someone answer me please

Done.

www.debtconsolidationcare.com/settlement/about24149.html#171114

Thanks Morningstar. I didn't want to touch it for fear of incorrect advice.

LOL

Come on now...you know your stuff :)

He does know his stuff!

When I returned the CA call (They were calling every day) I told the girl on the phone that this was past the SOL and no longer being reported on my credit report and I also asked for for debt validation (which she said she would send) and I also asked her to stop calling and asked for her address to send a C&D letter. At the end of the conversation she said so you are refusing to pay which I said yes due to the SOL and the item no longer listed on my credit report. They haven't called since but what do I need to do now? What happens if they don't send the letter do I just never hear from them again and thats it? or do I still send the C&D letter - I don't know what to do. You guys here sure calm a lot of nerves :D

You know for a fact that the account is past the SOL?

Yes! The girl even gave me the date of 2000. and it was removed from the CRA 3/07- its removed from all 3 bureaus.

Now, this is just me because I went through this right after my divorce. I tried to pay off a credit card once I was back off my feet. The balance was I believe 150.00..I wrote a check and a few weeks later I got it back saying that it was SOL. It was also removed from my credit report as well. I'm not sure though what the state laws are for you...thats what happened on my end. The letter said there was nothing to apply the payment too anymore so they had to give me my money back.

what do I do now? send letter or not? What if they do not send validation letter? or what can they do to me now?

Don't ask for validation or a CND over the phone, do it in writing, and use return receipt mail. Since the debt is so old, I definitely would not deal with a CA over the phone. You don't want to inadvertently restart the SOL.

"what can they do to me now?"

Keep calling you. Nothing else, unless the debt has been re-aged, hopefully you haven't said something over the phone that would renew the SOL. Send a verbal CND letter, or if you prefer, a full CND.

"what can they do to me now?"

Keep calling you. Nothing else, unless the debt has been re-aged, hopefully you haven't said something over the phone that would renew the SOL. Send a verbal CND letter, or if you prefer, a full CND.

I thought only a payment or a promise to pay could do that. I told them this was past the sol and not even on my credit reports. I made no promise to pay. What could I have said?

I believe admitting that you owe the money could be sufficient, especially if the call is recorded. I'll bump this one, perhaps someone else will have a more informative opinion.

I just sent you a PM, too, it might be of some help to you.

If this has been removed from the credit reports, and it's out of the SOL, I wouldn't worry too much. I would send them a letter stating the facts and send it certified, return receipt-and keep copies. You can also send a cease and desist that they not communicate with you, except by mail. They can, and may try to collect if it is out of the SOL, but have no ground to stand on. I had a collector tell me herself to send a cease and desist, and that it was out of the SOL.! Good Luck..KAren

Good Morning! I am so thankful for this website and the ability to vent and be responded to. I am posting again in hopes that it will help someone else maybe in my situation. I got a little nervous over a couple of replies to my posts and would just like to post again to those. My post was can talking to a CA renew the SOL. I have researched and read many replies that say no talking to them does not renew the SOL but one reply said that admitting the debt may. That is where my nervousness and confusion set it. I had a CA calling my house relentlessly and I didn't know who or what they were. So when I returned the call the girl gave me all the info, my name, address, creditor, amt and etc. Of course I disputed the amt because it was grossly inflated by now. I also informed her that it is past the SOL and no longer being reported on my credit report. It was over 7 years old. I asked her to send a DV letter which she said she would and I told her I would be sending a C&D letter due to the expired SOL. She actually wasn't rude or pushy and the last date that she gave me was 7 years ago. If talking to a CA did renew the SOL then that would be a major victory for them. I do understand the making a promise to pay (which I still would think would have to come down to being in writing) or even making a payment can also restart the clock but just talking to them? and as far as an admission of guilt when she is presenting you with all the information just by talking to them seems kind of silly that they could restart the SOL on that basis. I understand there are CA with accts that do no belong to some individuals and that is why DV is very important if you don't remember or don't think it is yours but I cannot understand how communication with the CA informing them of the expired SOL could be an admission of guilt (or how it could be taken that way to restart the SOL) Also as to the reply I hope that you did'nt say anything to restart the SOl. that made me very nervous. I made no promise to pay and adamantly stated that this is past the SOL. Also, I checked a website that I came across and is illegal in the state the CA is in and in my state to record a telephone conversation without consent off all parties. I was not informed nor did I give consent to be recorded. so I don't know how that would factor. I have not had any phone calls since I did receive the standard pay this balance now letter to which I responded with an expired SOL letter asking them to not contact me anymore and sent it certified, return receipt. There are bumps in life which we can and will overcome it's just a test of mans true will, which cannot and should not be broken by somes unscrupulous tactics and preying of people who had at one time or another fallen on hard times and are just tyring to get back on their feet and live day to day. That is all you can do take it one day at a time. And thank your website for all you do. Have a great day!!!

Inquiring about a debt does not renew the SOL. A partial payment or an agreement that you will be paying on the account will renew the SOL. The worst thing that an attorney can do is he will promise to delete a negative remark from your report in exchange for a token payment or your commitment made during the conversation. Even if the collector backs off because you didn't pay, the unpaid debt could be sold to another company and the collection activity will be renewed.

ok after I was contacted by the CA for a 7 year old debt I sent the expired sol letter stating I consider this matter closed because it is past the SOl and no longer being reported on my credit report also I disputed the debt as the letter says if you do not it is considered valid ( I got the letter from the fair debt collection.com) and from your website. So now the respond with we have rec'd your dispute and should we receive documents concerning your acct showing the above referenced debt is considered valid, we will mail them to you. What does that mean even when they called me they said the DOLA was 2000 and on my credit report it shows that it will be removed on 3/07 - which it was - why do I still here from them?? Thanks for your replies.....

Sounds like they're saying they'd mail you validation if they recieve it, and that they should be backing off.

You don't need to send them any more information. They are using some tricks on you. Did you send the letter certified with a return receipt requested? You need to keep the receipt and the copy of the letter as proof of your actions.

I'd follow up with a seperate cease and desist letter, something to the effect of:

I consider this matter closed...you are forbidden from contacting me...to do so will constitute a violation of the fdcpa and I will follow with the appropriate legal action.

yes I did send it certified mail with return receipt - which I rec'd back. This is also what was stated in the letter - This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the fdcpa or my state laws.

Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. and they responded with they will cease collection efforts until verification of debt is obtained. Should we receive documents concerning your acct that show the above referenced debt is considered valid, we will mail them to you at the address shown above- this is clearly out of the SOL and past 7 years and I sent a letter - wasn't that a violation?? Thanks so much for the replies....

Maybe...but at some point you did request validation, so I'm not sure how that would play out in court. I'd just send another CMRR CND letter (but nothing but the CND). If you recieve anything after that, then I'd contact an attorney. I'm just just stating how I'd proceed. It's your choice to look for one now, I just don't know how it would play out at this point.

I guess I am a little confused. Even if I asked for debt validation for a debt that is over 7 years old when they send that to me shouldn't it have dates - which would include the date of last activity - which is over 7 years ago. Also, from the fair debt collection website it warned that if I didn't dispute the debt that I would in fact by admitting that the debt was mine and valid so I am a little confused as to what i was supposed or not supposed to say - that letter was also posted on this website for out of statute collection attempts- either way it is clearly past the SOL and even they know it and were calling my house everyday but the calls have stopped and I guess I am just wondering what the next move is. I guess I will wait and see if I hear from them again....I am so thankful for the replies...

You should be fine.