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Collection agency threatening me!!!

Date: Wed, 08/19/2009 - 17:27

Submitted by anonymous
on Wed, 08/19/2009 - 17:27

Posts: 202330 Credits: [Donate]

Total Replies: 12


I had a Best Buy credit card back in 1998 and I made less then 1 yrs worth of payments; I certainly don't think I paid anything on it after Dec of 98. Being that this was a credit card and it has been passed from one collection agency to another over the years (the most I have ever gotten were threatening letters) and this was of course after Best Buy had written it off. Now I have PentaGroup Financial calling me and sending me letters saying that they can garnish my wages and such. The inital amounted owed was $3800.00; they want $10,000 but will settle for half. I think its past the SOL thats why no one else ever pressed the issue, HELP? Is it past the SOL for Ohio?


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.


lrhall41

Submitted by sarahporiss on Wed, 08/19/2009 - 18:29

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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.


lrhall41

Submitted by on Wed, 08/19/2009 - 19:39

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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.


lrhall41

Submitted by southernapostolic on Wed, 08/19/2009 - 20:41

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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.


lrhall41

Submitted by Shazzers on Wed, 08/19/2009 - 21:05

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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)).


lrhall41

Submitted by on Thu, 08/20/2009 - 06:59

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then the collector is a ham and egger.they should know that when they try to collect.in fact some collect on those debts delibrately hoping the consumer is unaware of the SOL and their rights.


lrhall41

Submitted by paulmergel on Thu, 08/20/2009 - 08:41

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