Guess I am a bit confused. I have a charge off that the SOL is coming up in a couple months, so they cannot collect it after that but can report it. It is for 2700 and they want to make a settlement of 1500 on the account. But all they will do is show it has been satisfied. I read paying them will not help you or your scores. Any thoughts please?
You are backwards, they can collect it but can not report it after the SOL. 1500 is a sad offer on their part. I would do a "pay for deletion" or PFD letter and offer about 25% of the balance.
Sorry, you must be mistaken. If an item is out of that statue of limitations, they cannot collect it by law, they can report it for 7 years from the DOLA, the SOL for a CC is different in each state and many people have had cases by OC and CA tossed out of court because they tried to collect after the SOL date was up. They can report any TL even after the SOL for 7 years and BK for 10 years. Problem is anyone who pays a CO, it restarts the DOLA so the item reports for 7 years from the date you paid and not the date of the previous DOLA. 1500 is sad, problem is if I cannot get a delete, I will not do it because it will restart the DOLA when I only have 3 years to go and they must remove it. If I pay them, they can report for 7 more years from the day I pay them.
I agree with you on this part. I disagree on this part. It may depend on what state your in or something but in NY once it's charged off then the date of first major delinquency for the purposes of deletion has been established. If you pay it later it will still come off after the reporting period expires from that original date.
I just read some case laws on this trying to figure this out. Any account written or oral goes by the state inwhich resides of the case. Each state is different. More then I can count, cases are tossed because the plaintiff suing for money on a charge card are trying to collect after the SOL is up. Noone can collect on any debt, written or oral after it is out of the SOL that the person resides or did reside in. So, I got that. They cannot collect on this when this goes out of SOL soon. Now, other case laws and FCRA states that the DOLA that the date of last activity restarts the the clock for reporting purposes to the CRA's. Can you please tell me where I can find this out for sure? The cases I have read all come up with the "reported" date on the CRA's changes once the person paid the plaintiff. Thanks for your input, I am so close to being out of SOL and they can sue me for it, because if they play around much longer, they cannot touch it. Also, the other poster, please read about JDB's, they buy tons of item out of SOL and get nailed for doing so, they cannot collect them therefore companies like NCO , Asset etc know they can not collect it but try anyway.
I'm not mistaken, SOL means simply you cannot be sued for the debt. The debt is still legally collectable.
They can still try to collect but so what! Doesn't mean he cant hang up on them. He cannot be sued for the debt and they know it, so how far do you think they will go if they cant take any legal action. Since they won't do the pfd, I would send a "Cease and Desist", tell the to pissoff. If they want the money that bad they will agree to pfd.
Be firm with the CA,don't pay unless they DELETE it! paying it will not help your score, and since the SOL is almost up you cannot be sued. Send a certified letter advising them it will not be paid ever unless they agree to delete it. If they fail, send them a Cease And Desist, that might wake them up and try to settle. They are not use to these kind of letters, and not use to the average person with any knowledge of the FDCPA, FCRA.
Thank you.... I have read case law now that if a CA as rotten asses as they are have been hanged by judges who sue for something out of SOL when they know they cannot collect on it. One judge in I think Missouri stated in the findings that he will not tolerate any CA to waste his valuable time in bringing to his court a 500.00 lawsuit that is un collectible. Others, I see that Woploff has paid tons of money for doing this. NCO paid out 2.5 mils a year ago for trying to collect on debts that are TIME BARRED for collection. Many, not a few, Many cases are tossed because of the SOL defense. The OC is Dell of course who everyone hates anyway. They are total asses just like all the CA's I have had to deal with, they think they make the laws, heck they break them more then the consumers ever would. Were can I find a cease and desist sample letter to build from please? Something tells me one poster on this board is a CA..... uhmmm They seem to go the opposite of the rest of you when it comes to laws, etc.
I do not agree with your last sentence, legally? How, if it is out of SOL, it is uncollectible, time barred from being touched. Why do you think big ones like Arrow, NCO, Asset all pay huge amounts of money for buying up out of SOL debts they cannot get the money for. Present me with a couple case laws were someone paid or was ordered paid by a judge when the item was out of that states SO, bet is was appealed and the judge needs to go back to potty training. I am beginning to think that the scum CA's dont think they have to follow laws. CA are getting there butts kicked by consumers all over the USA because consumers are fighting back.
There is no law that says it's not collectable, just cant take the deadbeat to court and have it enforced through a judgment. I dont settle any accounts with a PFD, I dont feel they have earned it, no matter how close or far away the stat is. It will remain reported until it's time for it to be removed. If ?I dont get paid on it thats fine, I'll sell it off and still get money out of it.
Sample letter: To: Collection agency who I owe money to, but wont pay because they wont do it my way and I undertstand it's not Burger King. Date: Acct No. Dear Agency, Cease and desist all communication with me regarding the above account. Thanks for the free merchandise/money/etc. Debtor
How about Dear scum OC If you would have done your job the first time and sent me what I really paid for instead of this junk, I would have paid you. Also, why did you wait 4+ years to decide you want money for something you cannot collect on. Please sell my account to Arrow or someone so I can collect some FCRA violation money so I can take another vacation on you. Collectman, you would be shocked of all many CA's I have destroyed with little knowledge of the law and got paid for a few too. Don't forget, the law works both ways. No matter who you think owes a bill, you have to prove it is mine. Maybe if you CA's would have not broke the laws all the time to begin with the law wouldnt force you to prove it. ?? for collectman, you fail to mention all the scum sucking CA's who break laws over and over gain to collect money, but you continue to call consumers deadbeats. Then what is a scum sucking CA called when they break the law, which is about 99.9% of the time. So what is the difference? the deadbeat consumer or the law breaking CA? The deadbeat never broke the law while the CA's do all the time. I know you answer will be the deadbead did break the law when they signed the contract, but what contract?? I didn't get a copy of it, can you please provide a copy of the original signed one? Ohhh. you don't have it.... sorry, you failed to keep good records according to the law, now go away before you have to pay me again.
Prove to you that you owe the money? Good morals you have. Any CA that breaks the law should be fined accordingly. the contract, but what contract?? I didn't get a copy of it........you should have kept better records, printed it out, made a copy when you signed it. It was never a concern when you charged all that money and made numerous payments to it. You just think disputing to get the actual contract is the way to get out of your debts that you owe. Great morals, tell me, how many kids do you have that you are teaching this to? Lord knows America needs more deadbeats like you around to help with all the rising costs.
Hey collectman, You owe me money just becasue I say so. Please make arrangements to pay me. This should work as you do not seem to require proof that you actually owe me anything. I'm sure you will just send me the money. Follow the rules and you might get paid. It is not about morals, it is about getting the bill paid by the rules. I'm teaching my kids to follow the rules, are you?
Dont have kids. It's all about morals, I'm sure you preach to them about something, smoking, drinking, or you will at some point. Thats not all about rules, it's about morals too. I always follow the rules and will either be paid voluntarily or in court, I dont care which one either.
Morals, holy crap Collector, I have yet to met one CA with any morals, fact is you all have to fail a morals test before you are allowed to even get a job doing this. By they way, I am about to collect a 1k fine from one of you because you forget to follow the rules, follow the laws and always, always break and bend them to your advantage. I owe you nothing unless you can prove it, boy, why didnt you keep good records? After all I owe you right? Why didnt you keep better records. LAW reads that you have to prove to me it is mine. It is not a trust me it is yours thing, why? because of CA repuatation for screwing people over. If you prove to me its mine I will pay you, if not..see ya! Your problem is consumer are getting to know the laws and like you CA's did for a long time, bend and broke them no matter the morals. I will alert you once my 1k check is in the mail. Some dumb CA called and left a message on my phone asking me to call them and verify who I am. After I send them a CD letter!!! Wham, it's payday. Why, there sent an answer the the BBB that they were very sorry but an employee forgot to mark the file that the CD was received and apologized for leaving the message etc. etc. Putting that in writting of the mistake is like money in the bank. Let put it this way, no way I could do your job, I do not have the heart to screw hard working people over when I know it is not theirs and not collectible anyway. Ask Arrow, they are trying to fnd ways to pay there multi million fine for BREAKING THE LAW !! Dont talk to us about moral, we all know who has them and who has NONE. You guys would twist your own mothers arms to get a buck. By they way, morals got me 25 deletions from CA's in the last year along with some paychecks to boot, I have not had to pay one of them, why? Because they cannot prove to me it is mine. Its the LAW...
I only hope you take me to court, you better have all your aces in a row because I will find a mistake for sure. All of you make them, its a matter of which one you failed to follow. Got one right now trying to collect on an out of SOL in my state, they know they will never get the money, so I am letting them go ahead with the lawsuit so the judge will say to them, sorry boys, alittle late, cannot collect on this item. Besides the atty is a huge firm and will lost money sending there big boys 75 miles to only lose again. Gosh, if this keeps up I will be able to go on a cruise on the paychecks from the CA's.
I dont collect OOS accounts. All of my aces are always in a row... I have all docs attached to the account when the accounts are loaded to the collection floor. Bring it
