A CA called me and said that they have been trying to locate me since June 2003 in regards to a 'charged off' account that they purchased. I don't anything about this alleged account. She questioned me about several different addresses that I have resided at, verified my SS#, and my last name at that time. I asked for a copy of the information that she had. I received a fax the next day BUT the CA said that they faxed me the info the day prior I told her that I did not receive any fax and she held her ground stating that it was indeed faxed. I asked her for a confirmation of the fax and she said that she had nothing to show but the notes on the account. So I asked for a print screen of what she was looking at and I was denied that info. I askedhat if someone in my office got the fax...it had collection info on it...violation? Page 1 of the faxed letter states: the account #, the CA account #, balance, interest, total debt and settlement offer. The second page states: Affidavit and Assignment, account name(me), OC, account #, principal balance, and date of CO. Is this alleged debt still valid...uh, it's been over 10 years since the CO date and my states SOL is 6 years. My next action should be to DEMAND VALIDATION, right? Anything else???
You will now do two things - 1. Demand Validation from the CA, and 2. Check your credit reports for possible re-aging. That way you can sue the CA under BOTH FCRA and FDCPA. $2000 is twice as nice as $1000. Oh.... and don't forget to tell the collector to stick his bill where the sun don't shine.
When you demand validation, also tell them that you will not communicate by telephone, and all further communications should be in writing. Talking to a CA on the phone is a big no-no for two reasons. First, there is no accurate record of any promises made (they can put whatever they want on their computer). Second, they do things like get you to admit debts or make promises that you don't want to make. So, get that letter in the mail. I wouldn't even mention the SOL yet. Keep that in your hip pocket in case they don't cooperate.
A validation letter in font size 24 would be pretty funny!! I'm just confused about this SOL thing...how can this alleged CO remain valid for collection?
Both. Demand Validation AND a limited cease communication - communicate by letter only so you have a paper trail and evidence in court when you sue them.
Re: Re: ...1992 "Scumbag CA 1313 Mockingbird Lane Blood-from-a-Stone PA 19999 Dear Mr. Scumbag: This letter is to inform you that I am invoking my rights under Fair Debt Collection Practices Act, which I am certain you are quite familiar with, in ordering you to CEASE COMMUNICATION with me in all forms and manners WITH THE EXCEPTION OF WRITTEN COMMUNICATION, which may be sent to me at the following address: 3456 East 55 Street New York NY 10017 Thank you for your cooperation and compliance. Sincerely, Ima Debtor"
