CA collecting past SOL
Date: Thu, 03/12/2009 - 06:57
perhaps sending a debt validation letter will do the trick, beca
perhaps sending a debt validation letter will do the trick, because in the one i sent out, it requested them to prove your SOL was not up.
likely they will just sell it to someone else
If you are 100% certain that this is beyond KY's SOL and federal
If you are 100% certain that this is beyond KY's SOL and federal reporting period, I would skip the DV and move straight to a FOAD.
My personal favorite is: I'm NOT GOING TO PAY this allege
My personal favorite is:
I'm NOT GOING TO PAY this alleged debt. EVER. If all the grains of sands on every beach on every ocean said "NOT GOING TO PAY" in tiny red letters, it would still not be enough to express how much I'm NOT GOING TO PAY. Cease and desist your collection efforts, because I'm NOT GOING TO PAY.
LOL...that was funny! Seriously though, do you think the debt v
LOL...that was funny! Seriously though, do you think the debt validation letter will work. I'm tired of calls after all these years. I've been married 13 years and I know that the last charge was about 11 1/2 yrs ago. The last payment was probably 10 years at least. It is really really old. I actually thought the sol was 7 or 8 years but, searched online and found that open-ended accounts are 5 years.
That was serious! I've used it a few times and have never heard
That was serious! I've used it a few times and have never heard from those particular CAs again. You can DV, if they respond with validation, then send the FOAD. If they sell it off to another JDB, rinse and repeat.
that made me laugh :) i was thinking it was some federal agency
that made me laugh :) i was thinking it was some federal agency lol.
When the SoL expires it only protects you from being sued. It do
When the SoL expires it only protects you from being sued. It doesn't protect you from futher collections. I actually had luck with one old debt after sending them a validation letter they couldn't provide anything and that was the end of it.
Nascar, you always have the best ideas for the FOAD letters. I
Nascar, you always have the best ideas for the FOAD letters. I actually sent mine off yesterday, but not in crayon on tp as suggested (since I didn't trust them having *anything* written in my handwriting). Needless to say, going on 12 days, no communication at all.
Life is good.
To the OP, I got the same letters/phone calls from debts from 2001. Once the SOL has passed, it does *not* start again if you were to speak to these collectors. I believe the only way to "restart" the SOL is if you make a payment on the debt (please do correct me if I am wrong).
I sent the people trying to get more than 4 times the original debt on something from 2001 a DV letter, then the FOAD letter. It actually made me feel a lot better about the whole thing, since the CA made me feel pretty crappy about the debt when I spoke with them (insults, swears, threats, calling me a welfare single mom trailer trash, you know, those lovely things). It felt *great* to tell these choads that there was no way I was gonna pay. Ever.
And Nascar, I did sign it, "Love, pmums". Just because I could =)
Patti
rofl - I needed a good laugh here. I was wondering if, after th
rofl - I needed a good laugh here. I was wondering if, after the SOL has passed, can these companies continue to make hard inquiries on your credit report and report negitive information?
Well, they are still listed on my credit report (even though the
Well, they are still listed on my credit report (even though the debt is from 2001). I was told they purchased this debt in 2005, so I am not sure if that is why it is still showing up? As far as I know, they will have to remove it from my credit report once they cannot validate the debt. Which I am waiting for (please anyone correct me if I am wrong here).
Patti
I wanna know the answer to that one too. Also, how do you get T
I wanna know the answer to that one too. Also, how do you get THEM (CA/Credit Bureau) to remove information from your CR. If they can not validate the debt to you, how do you prove to a credit bureau that they can not validate a debt?
You need to dispute with the CRAs, all items can only be reporte
You need to dispute with the CRAs, all items can only be reported from the date of first default, NOT when they bought it.
Disputing Items with CRAs
Thanks for the information Goldenblast. So I am guessing the same thing would apply with communication with CRAs? (Certified Return Receipt letter)?
Mine says that it will stay on record until 2011? WTF? How did these losers manage that?
All the other stuff on there is accurate. Just these bottomfeeders show up on debt from 2001. How did they do this?
Thanks-
Patti
Call the CRA's that are reporting the tradeline and ask them for
Call the CRA's that are reporting the tradeline and ask them for the DOFD as reported by the Data Furnisher. The date should match the OC DOFD if not, they have illegally re-aged the debt in violation of the FCRA. Give them 1 opportunity to correct their mistake, if they don't, sue them for $2500 per CRA reported too.
When the SoL expires it only protects you from being sued. It do
When the SoL expires it only protects you from being sued. It doesn't protect you from futher collections. I actually had luck with one old debt after sending them a validation letter they couldn't provide anything and that was the end of it.
_________________
_________________
typical response from debt collector!
You threaten to take them to court if they do not remove it...th
You threaten to take them to court if they do not remove it...that usually does the trick...course some will be stubborn...so you make good on the threat and take them to court..then suddenly they can't wait to make deals with you and pay YOU for the honor of them removing the listing...it works quite nicely.
actually all you have to do is send them a cease communications
actually all you have to do is send them a cease communications letter and that will stop them from further collection attempts, if the account is past SOL then not only can they NOT sue you, but even a single collection letter will be a violation and money in your pocket.