Phone Call from JDB after DV Letter

If you are sure it is past SOL, why bother sending a DV letter? Simply send them a FOAD letter, effectively telling them to get lost, the debt is time barred and to cease and desist forever.

I don't know that I can prove that the SOL is expired. I'm certain that it is, but I'm unsure how to prove it. The only things I have are collection notices from the debt buyer who owned it before this JDB (by his own admission he told me the name of the previous collector they bought it from). Those are dated 2005, 6 years ago and I'm certain I've made no payments or talked to anyone about it since then. In my state the SOL is 5 years, but I don't have any statements from the OC. How can I prove this? Plus, not sure if it matters or not, but this particular debt is not on any of the 3 credit reports I pulled a month ago. Does that help me at all since old debt is suppose to fall off after 7 years? Please help me understand how to prove SOL. 6 years ago this debt was $280. Now it's over $1800!!?? Please help with any strategies you can think of.

Thanks!

Do you have a copy of your credit report? It should show you when you went 30 days late.

All I have are ones from a month or so ago. This debt isn't on them. I have screen prints of one from 2007 stored on my computer and I don't think it's on there, either. I'll have to look. Can I get old copies from the reporting agencies?

Thanks.

Who was the original creditor?

The original creditor was Citibank.

Citibank will report for 7 years from your date of last activity. Have you made ANY payments since then?? If not, it would most definately be out of SOL. Tell the CA to bug off.

I am fairly certain that no payments have been made to anyone. I barely remember even getting the collection notices in 2005 and I told myself that I need to contact them to try and get this small debt settled, but I never did. It has ballooned from $280 to $1800+ which baffles me, too. I guess I'll call him back, but I'm not admitting to anything and will record the call.

Thanks!

I wouldnt waste time calling them back....send them a cease and desist....if it is not on your credit, it has to be old.

Good deal and thanks for the great advice.

Not to beat this dead horse, but would you consider the collection notices from 2005 and that none of the three current credit reports show this old Citibank debt listed on them as proof enough that the SOL has expired? This is the one area that I'm really unclear on since I don't have any old bank statements or original creditor statements to show when I made payments last. I was really bad at keeping records then and didn't know the importance of it.

Thanks again!!

A collection notice from 2005 would do the trick.

Great! I've got two about a month apart from two different CA's. That plus the recent credit report should show the SOL is past. Thanks again!

You don't need to prove anything to the CA that's currently calling you. Just tell them to C&D. They don't need to know why. It's not really their business anyway. They're just a nasty JDB. :)

Save the old notices for your own records, in case they try to bring suit.