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Another Allied Interstate question

Date: Sat, 04/07/2007 - 12:46

Submitted by anonymous
on Sat, 04/07/2007 - 12:46

Posts: 202330 Credits: [Donate]

Total Replies: 6


O.K. Back in '99, I was drowning in debt and then lost my job, and.....you know the rest. Basically, never filed for Bankrupcy, and just let my credit card debt sit. After a while, and a few moves, I stopped getting calls or mail, from collectors. Now, after 8 years, my credit has built back up, and is clean. But, out of the blue, I have received 2 automated calls from Allied, saying that they are calling in regards to a debt, and to call them back. My question is, how should I handle this? No past due debts are on my credit report, and any old debt that I have, is at least 8 years old. I live in CA, and the SOL for written agreements is 4 years. Any advice would be appreciated. Thanks in advance...


Personally, I'd find out exactly what debt they are attempting to collect on. Then, if I find out that the debt is truly beyond the SOL, I'd send a letter that includes:

-A statement that disputes you, the debtor, owing the money
-Notifies the CA that the debt is beyond the SOL
-Demands all forms of communication cease
-Notifies the CA that should the debt be sold to another junk debt buyer, you will have to inform them of the pre-existing dispute of the debt

BTW, do you have any student loans? I know that AI collects these, and if so, you need to take care of those--SLs have no SOL.


lrhall41

Submitted by Morningstar on Sat, 04/07/2007 - 14:11

( Posts: 1633 | Credits: )


You're right, in California the SOL would have run on this alleged debt. Very old debts turning up is happening a lot lately. They assume, and hope, that you don't know the law, will be disturbed, and offer some sort of payment to start the SOL all over again. Only deal with them in writing (CRR). Tell them that you don't believe the alleged debt is yours, the SOL has run on it anyway, and to cease and desist. Morningstar is right about student loans though. If the debt is about a student loan, you still don't have to deal with Allied. Call the Dept of Ed and ask about their loan rehabilitation program.
Law Student
San Francisco, California


lrhall41

Submitted by Law Student on Sun, 04/08/2007 - 15:22

( Posts: 1182 | Credits: )


Quote:

If the debt is about a student loan, you still don't have to deal with Allied. Call the Dept of Ed and ask about their loan rehabilitation program.


Law Student.....

You are dead wrong on this. State guarantors and the DOE work on 3rd party contingency basis with CA's including Allied. (The guarantors pay a placement fee plus commision.) When an account is assigned to a CA, you do NOT have the choice to go back to the guarantor or DOE. The CA's do the set up for rehab, consolidation and AWG. The only reason a guarantor will call an account back is a default error or if you a have proof of a fdcpa violation. Even with a provable violation, they will simply shuffle the account to another CA.

A letter to a student loan CA stating "it is not my policy to work with collection agencys" or even a C&D letter will result in the almost immediate garnishment proceeding being initiated. NEVER cease a student loan CA unless you have recorded or document proof of a violation and even then, complaints should be forwarded to the guarantor and the student loan ombudsman. Avoid any ceasing as it just sets the collectors digging further.


lrhall41

Submitted by SOAPLADY on Mon, 04/09/2007 - 11:55

( Posts: 17315 | Credits: )


Thanks for the responses, I will contact them and find out why they are calling, and proceed from there. I'm sorry for the confusion with the "CA" reference. My intention was to just shorten California into the state code, but apparently, ya'll shorten Collection Agency the same way. HaHa..


lrhall41

Submitted by on Mon, 04/09/2007 - 18:18

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