logo

Debtconsolidationcare.com - the USA consumer forum

CA collecting past SOL

Date: Thu, 03/12/2009 - 06:57

Submitted by anonymous
on Thu, 03/12/2009 - 06:57

Posts: 202330 Credits: [Donate]

Total Replies: 21


I am not proud of this but, I have a couple of really old credit cards that I defaulted on about 10 years ago. In my state (KY), the SOL on open-ended accounts (credit cards) is 5 years. From time to time, I get a letter or a phone call from someone about these. Usually, I don't answer or respond but, after all this time, I wish they would just stop! How should I respond to these letter and how do I get them to stop calling? I don't want to do or say anything that will cause my SOL to start all over. Thanks.


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.


lrhall41

Submitted by NASCAR_Devil on Thu, 03/12/2009 - 08:10

( Posts: 4671 | Credits: )


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.


lrhall41

Submitted by on Thu, 03/12/2009 - 08:12

( Posts: | Credits: )


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


lrhall41

Submitted by p_mums on Thu, 03/12/2009 - 14:36

( Posts: 26 | Credits: )


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


lrhall41

Submitted by p_mums on Fri, 03/13/2009 - 14:47

( Posts: 26 | Credits: )


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


lrhall41

Submitted by p_mums on Sat, 03/14/2009 - 05:18

( Posts: 26 | Credits: )


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.


lrhall41

Submitted by NASCAR_Devil on Sat, 03/14/2009 - 05:29

( Posts: 4671 | Credits: )


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!


lrhall41

Submitted by on Sun, 03/15/2009 - 00:44

( Posts: | Credits: )


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.


lrhall41

Submitted by goldenbast on Sun, 03/15/2009 - 03:51

( Posts: 2884 | Credits: )