Collection agency threatening me!!!
Date: Wed, 08/19/2009 - 17:27
Write a letter requesting validation of the debt. Send it certi
Write a letter requesting validation of the debt. Send it certified with a return receipt. You can also say in your letter that you "refuse to pay the debt" because the Fair Debt Collection Practices provides that if you tell this to a collector in writing they have to stop trying to contact you to collect. You can find an attorney in your area to discuss Pentagroup's threats with by going to the website for the non-profit National Association of Consumer Advocates, www.naca.net. Good luck.
First, they cannot garnish your wages without a judgement. They
First, they cannot garnish your wages without a judgement. They cannot get that on a time barred claim unless you do not show up in court, if they choose to sue you. I would send them a foad letter and be done with it. Do not give them anything. You have an affirmative defense, and it has passed through so many collectors that they probably could not validate the debt anyway. And they probably do not have anything to take to court. Do not let them intimidate you.
That last post was mine. For some reason, I seem to keep gettin
That last post was mine. For some reason, I seem to keep getting logged out tonight. Probably something in my system. :o
Thank you so much! What do you mean a "foad" letter?
Thank you so much! What do you mean a "foad" letter?
A foad (F Off And Die) letter is letter to tell them to take a h
A foad (F Off And Die) letter is letter to tell them to take a hike. Because the SOL on credit cards in Ohio is 6 years (You may want to check with the attorney general's office to make sure), you send them a letter telling them that you are not going to pay this debt. It is beyond the SOL. You can include a cease and desist so that they have to stop contacting you as well. They know that they cannot get a judgement and any effort and money they put into continued efforts will be wasted.
If I send a letter telling them I want validation; will they hav
If I send a letter telling them I want validation; will they have to prove when the last payment was made because I honestly don't think I even made 6 monthly payments and this was all the way back inn 1998
You can tell PentaGroup Financial the next time they call they h
You can tell PentaGroup Financial the next time they call they have 5 days after their first initial contact to you to send you a dunning letter via the mail, at that time you can request debt validation. Keep track of date and times they call, I would even go as far as recording their phone calls because Ohio is a one party state, that means you can record their call with only permission of one party- you being the one party.
Here is the SOL for Ohio, Hope it helps. Written or oral acco
Here is the SOL for Ohio, Hope it helps.
Written or oral account: 6 years, (O.R.C. ??2305.07).
Written contract: 15 years, (O.R.C. ??2305.06).
Oral contract: 6 years (O.R.C. ??2305.07).
Note payable at a definite time: 6 years, (O.R.C. ?? 1303 .16(A)); (2)).
Demand note: 6 years after the date on which demand is made or 10 years if no demand is made and neither principal nor interest has been paid over that time (O.R.C. ??1303.16(B)).
Dishonored check or draft: 3 years after dishonor, (O.R.C. ??1303.16 (C)).
Just an FYI on SOL, YOU, the debtor, have to tell the collection
Just an FYI on SOL, YOU, the debtor, have to tell the collection agent it is past the SOL, THEY do not have to tell you! and in some states the SOL starts from the date of the LAST PAYMENT.
IF, by chance, they DO have the original agreement...the SOL in
IF, by chance, they DO have the original agreement...the SOL in Ohio for credit card debt is 15 years.
SOL is not 6 years on this one, folks--Ohio's courts have long u
SOL is not 6 years on this one, folks--Ohio's courts have long used the 15 year rule for credit card cases. You need to send them a validation letter by certified mail ASAP, and keep the green USPS receipt card when you get it back.