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What do I say?

Date: Thu, 05/28/2009 - 15:24

Submitted by anonymous
on Thu, 05/28/2009 - 15:24

Posts: 202330 Credits: [Donate]

Total Replies: 5


So, years (YEARS!) ago, I defaulted on a couple of credit cards. It is WAY past the statute of limitation. I have a couple of CA's that have been calling lately. I've not answered their calls but, need to deal with the situation. Is there some "magic phrase" I need to say to them? I've not gotten a dunning letter or anything. Just don't want to say anything wrong that will reset things and I don't want them to go one step further and contact relatives,etc. Thanks for any help you give!....BTW I live in KY.


I would at least talk to them once so you know what account they are referring to. I'd also pull your credit report to see if anything is on there. Are you sure it's for you? Are they leaving messages? They could be calling for someone else, hence why I'd be inclined to talk to them at least once.

Btw here's the SOL for KY I would believe CC debt would fall under the open-ended accounts, but I could be wrong.

Oral Contract: 5 years

Written Contract: 15 years

Promissory Note: 15 years

Open-Ended Accounts: 5 years


lrhall41

Submitted by beli2005 on Thu, 05/28/2009 - 16:11

( Posts: 882 | Credits: )


They are considered open ended. I know that they are at least 12+years since anything was paid on them. I don't have an address to send them a ceist & desist. So, here's what I'm working on:
The call starts :This is Tom with ABC collections and any information used it to attempt to collect a debt. I'm calling about your past due account from your XYZ store card. You owe $1 million dollars and that needs to be paid today. "

How do I respond?


lrhall41

Submitted by on Thu, 05/28/2009 - 16:20

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When was the first call done (or around) if you have a phone number on caller id we can probably google it and find the address.

But to answer your question it depends on when they first contacted you. If they first contacted you say over a week ago, tell them you will not talk to them until you receive something in writing from them (called a dunning letter). By law they have 5 days after first contact to send one out. If they persist, tell them that the debt they are trying to collect is beyond statue of limitations and again, that you will not talk to them further regarding said debt until your receive the dunning letter. If they say they don' t have to, and that you will be arrested and any of the other tactics they may use, simply remind them that they are breaking the Fair debit collection practice act and hang up.


lrhall41

Submitted by beli2005 on Thu, 05/28/2009 - 16:35

( Posts: 882 | Credits: )