We received a letter (to my husband) from collection agency (northland group) indicating that my husband owes Capital One 3000.00 from 1998. They have also called several times. My husband and his ex wife filed bankruptcy in 1998. Collectors said that if the debt was not listed in bankruptcy, it is still valid. I obtained a copy of bankrtupcy, and it was not listed. My husband is out of town, so I called him, and he told me that he has never had a capital one account. This is the very first time we have ever received a call, bill, or anything about this matter. We have been married since 2001. I have copies of his credit report from 2002 (each year) until now. This debt was never showing on any of the three credit reports...ever. Not even as an open account. They are insisting that this is his, but it cannot be his. Capital One does report, right?
It's way past the sol to collect.I would send them a letter stating they have no grounds to collect.Northland is a bottom feeder who buys old debt and try to scare you into paying it.whether it's yours or not.Or you can dispute it with them in writing,or a foad letter.Cap 1 reports but i doubt if they would have any record of it,being that old.If you had the account number you could try them.Maybe his ex had an account with his name on it that he didn't know about?
Why not send them a cease & desist? Yes, I am well aware that sending them a cease & desist could very well result in your husband being sued for the debt. It is a risk that you would definitely be taking but that same risk is always present whether you send a cease & desist or not. Cease & desist is something I almost always strongly advise against but there are always exceptions to every rule and this just happens to be one of them. The reason I suggest it now is that if the debt is outside statute of limitations and they did sue you would have an easy defense in court and a great opportunity to make a few thousand dollars by filing a federal lawsuit against them. The risk of getting sued is small in situations where the debt collector knows the debt is outside of SOL but it does happen. The last time a debt collector tried that on me I begged them to sue me several times in telephone conversations. After a few phone calls in which I begged the man on the phone to sue me he finally told me that he wasn't about to file a lawsuit on the debt. I asked him why he wasn't willing to file a lawsuit against me and he said, "You and I both know it is out of stat. I'm not stupid enough to file a lawsuit on you and let you sue me. He hung up and I've never heard from him again." You might try that approach first and if that don't work send a demand for validation and if they continue to call or send letters then send the cease & desist. Doing that would greatly reduce the risk of getting sued.
If you send them a cease and desist they will most likely sell it to another bottom feeder. It never ends unless you sue as Bill says.
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