logo

Debtconsolidationcare.com - the USA consumer forum

bill collector called on a debt from 1995 claiming we owed it.

Date: Tue, 08/18/2009 - 14:15

Submitted by anonymous
on Tue, 08/18/2009 - 14:15

Posts: 202330 Credits: [Donate]

Total Replies: 13


i have been recieving calls from a company called MCC. They claim the debt is for my husband. That the company who origionally had the debt was sears. and its totallying 3k but is from 1995! i told the guy that i have no idea what he is talking about that the debt was paid off over 10 years ago and that i want valid proof we owe that debt. he asked me to give him documentation that i had showing we had the debt! i told him (laughing at him infact) that it was over 10 years ago and i dont have anything like that. he wants us to settle with the company now. Not sure what to do with this.


ok let's be a little more specific here. was the account opened in 95 or charged off in 95? when was the last action taken with the account (typically the last payment date). at first glance its well past sol, however depending on the answers to these questions it might not be.


lrhall41

Submitted by on Tue, 08/18/2009 - 18:17

( Posts: | Credits: )


The SOL is based on the date of first default, which has nothing to do with the charge off date. It would be from the last activity. If there are no payments since 1995, then that is when the SOL "clock" would have started. Kind of funny that they had it for nine years, and are just now getting around to calling you, isn't it.


lrhall41

Submitted by southernapostolic on Tue, 08/18/2009 - 20:03

( Posts: 302 | Credits: )


At this point, put everything in writing-- no more phone calls. Send a request for validation via certified mail and see what the collector does in response. Also, check your credit report. This can be a key source of information such as the date of last payment. You can find an attorney in your area to discuss your risk of getting sued at the website for the non-profit National Association of Consumer Advocates, www.naca.net. Good luck.


lrhall41

Submitted by sarahporiss on Wed, 08/19/2009 - 18:35

( Posts: 49 | Credits: )


ha ha lawyer said they are s.o.l. lol. said its to old! and they vilated personal privacy by speaking with me on this. being its in my hubbys name only. they not once asked who i was or how i was related to him. just started goin on about this debt and even told me the total amount they say is owed! so wham lawyer says we can sue for that. pretty funny.


lrhall41

Submitted by on Wed, 08/19/2009 - 21:22

( Posts: | Credits: )


no, guest, it isnt. She clearly stated that they did not identify her as his spouse, nor did she identify herself as his spouse. So, all they knew was that they were looking for this guy, and some woman answered the phone....and then they told HER all of the details of a debt they allege that HE owes. It's called 'third party disclosure'....and it is illegal.

Try reading up on the FDCPA's standard regarding third pary disclosure sometime....preferrably, before you post again like this. With respect to you, we dont need incorrect info on the forums like that.


lrhall41

Submitted by skydivr7673 on Thu, 08/20/2009 - 21:26

( Posts: 2036 | Credits: )