need advice on a CA trying to collect on junk debt
Date: Fri, 04/30/2010 - 17:08
We have been working on our debt for close to two years, for the most part just to put that part of our past behind us. We have managed to settle with our debtors on all of our old accounts over this period of time to show everything as paid. We then obtained a secured credit card with a very low balance in order to show some sort of payment history and this is helping to raise our credit score, it has gone from well below 600 to almost 700 in just six months.
A couple of weeks ago a collection agency going by Consumer Recovery Assets started calling about a debt so old it was honestly forgotten. It has been 12-13 years or so and was a credit card. The guy on the phone (nice chap) was yelling quite a bit and talking over me. He said I owe them money, I replied I don’t know what you are talking about, he named the old card company and I replied that they have to send me something in writing as I do not discuss this sort of thing over the phone. His reply at that point was they “sent me X number of letters and this is what we are going to do†and I cut him off say no we are done and hung up the phone.
A couple of days later I did receive a letter (as I should) stating that they are the legal owner of the debt with a balance of close to 2000 dollars. It also stated that I can request validation within 30 days or they will assume the debt is valid.
I am sure it is a cookie cutter letter that they have to send after phone contact. What I am not sure about is how to proceed. I did not acknowledge the debt over the phone and I do not want this to show up on our credit report after working so hard to clean it up.
I would not paying a lesser amount to get them to go away as I know this is a legitimate debt and I owe it, but I also know it is junk debt that they purchased for next to nothing. What I am not sure about is the SOL for this sort of debt in Ohio. I would rather not go to court over this and I certainly do not want it back on my credit report.
Should I send a certified letter to validate the debt? And if I do this is it only going to make matters worse?
If they do offer to settle for a lesser amount is it going to show up on our credit report again?
The debt is out of statutue of limitations...it is still collect
The debt is out of statutue of limitations...it is still collectable but unenforceable. It is also out of the reporting SOL too. Send them a cease and disist letter, telling them the debt is out of SOL and that they are NEVER to contact you or anyone else concerning this debt again...basically tell them to pound sand and FOAD!!!
Thank you very much for the quick reply. Do I need to send a vai
Thank you very much for the quick reply. Do I need to send a vaildation letter first or go right for the FOAD?
I was also not sure if it would be better to hire an attorney fo
I was also not sure if it would be better to hire an attorney for this, and if so what type should I look for?
Nah, dont waste any money. No need to DV...the debt is not enfo
Nah, dont waste any money. No need to DV...the debt is not enforceable. SImply cease and desist them and tell them it is out of SOL.
But, In Ohio the SOL for written contracts is 15 years. So it m
But, In Ohio the SOL for written contracts is 15 years. So it may be within the SOL period. I would recommend sending a DV letter.