Let me get my facts straight!
Date: Thu, 08/30/2012 - 22:22
I live in Texas.
I had a debt written off by Capital 1 (personal medical loan), and sold off. Got a credit report last year, which stated it was 'purchased by other lender'. It also shows that last payment was Nov 2007, and written off 2008.
I have *NEVER* talked to any CA's, or responded to any correspondence. Normally I don't take calls from numbers I don't know, hence I've never had the mispleasure of talking to one. The current one is Commercial Recovery Services (looked up the number).
So, what I want to verify is this:
I still don't want to talk to them, although the idea of recording the call, and giving them a lot of rope to hang themselves with sounds fun (I've been reading lots and lots of posts... None of them give you warm fuzzies about these people), I'd rather avoid it all together.
Should I simply send a CD letter, with the statement that the account is past SoL? Basically saying tough tittie?
Or go through the gambit of a VD and CD?
My problem is, without talking to them, I can't really claim SoL without acknowledging the debt- at least to my logic.
I fear I will have to have some verbal communication with them. I feel safer dealing with them now that the SoL expired, but want to make sure that my butts covered.
Let me get this straight - the lender never contacted you at all
Let me get this straight - the lender never contacted you at all asking for payment on the loan? Why do you want to send them a C and D? You're asking them to cease doing nothing?
Sorry, no way to reply... Did a bit of tinkering to add a post..
Sorry, no way to reply... Did a bit of tinkering to add a post... Hope this works...
No, they call a lot, I simply don't answer.
Problem is, they like to call my parents, a lot. Most of the time they just ignore it, but on occasion, they pull the 'you're son might be going to jail', and it stresses them out.
So I guess, I just want them to stop calling... Anyone... It's annoying.
Your cease and desist might work for the current agency but when
Your cease and desist might work for the current agency but when they shuffle the debt, you will have to repeat the process again.
Some of the detail you provided suggests you would be best achie
Some of the detail you provided suggests you would be best achieve your goals of putting this behind you and stopping the calls to you and your parents by contacting an attorney. There are many consumer law attorneys in Texas with debt collection abuse experience. Make no mistake, calling your parents and saying "sonny is headed to jail over this" is abuse.
Calling a consumer attorney and consulting on this generally won't cost you anything. Many attorneys will not charge a retainer if they represent you against debt collection abuse.
So, talking with an attorney probably wont cost you anything and could be the best way for you to protect your parents and yourself. If it were me, I would do that before contemplating sending any letters.
another point
if the debts is past SOL acknowledging that does nothing but make the collector aware that you know it's"time barred"nothing wrong with that.
