Agency trying to collect 9 yr debt!

Discussion in 'Credit Talk' started by Killer, Oct 22, 2001.

  1. Killer

    Killer Well-Known Member

    I haven't poseted here in a long time but I knew where to come for help! HELP!

    I defaulted on a Sears charge card back in my stupid days. I can't remember exactly when but I am sure it was in 1992 or 1993. The account no longer appears on any of my credit reports.

    Today I received a letter from Coldata P O Box 711146 Cincinatti, OH 45171. It says I owe Sears $1,628.68 . Here is the exact text:

    It has come to our attention that our previous letters may not have reached you due to an incorrect mailing address. For that reason, we take this opportunity to advise you of this delinquency.

    Our instructions from your creditor are quite clear since they have already made their decision. We are to either receive payment or at the very least, a date certain when payment will be sent. Only then will you end this most unpleasant matter.

    Unless you notify this office within 30 days after receiving this notice that you dispute the validity of the debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will: Obtain verification of the debt or obatin a copy of such judgement and mail you a copy of such judegemnt or verification. If you request this office in writing within 30 days after receiving this notice, thid office will provide you with the name and address of the original creditor, if different from the current creditor.

    This letter which identifies your creditor and account number must be returned with your payment.
    END

    I am laughing my azz off or should I be crying?

    First of all, isn't this uncollectable? Isn't there a 4 year limit in Texas?

    Secondly, they dare not place this on my credit report! It's more than 7 years!

    Thirdly, check out how they eased the word "judgement" in the letter! I have never any judgement in my life!

    What should I do? Write and tell them I kn ow the law and will write to the proper authorities?

    I dare them to re-date this debt!

    Any advice?
     
  2. breeze

    breeze Well-Known Member

    Coldata buys out of statute debts - that's their thing. Send them the "Go away and leave me alone, if you put this on my credit report I'll sue you" letter.

    I am assuming the contract was executed in Texas. If it was in another state, it could be a different situation.
     
  3. Killer

    Killer Well-Known Member

    Yes it's Texas.

    Can I use planet feedback?

    What happens if I don't respond?
     
  4. roni

    roni Well-Known Member


    You always want to send these letter so that they can legally be tracked... FED EX, etc... Cheapest way if via USPS Certified Mail, Return Reciept Requested...$3.94.

    Do Not Ignore It. Sounds like it's outside of the SOL and they can not collect it anyway.
     
  5. Momof3

    Momof3 Well-Known Member

    I agree with breeze and Bkev, don't ignore or PF it this is not something for PF.

    Send it certified/RR and C & D them, also inform them that you are WELL aware that the SOL has expired and this debt is legally uncollectable and it is beyond the 7 year reporting clock and IF they try to report you will sue them.

    You won't hear from them again. This company is notorious for buying stale debts and trying to trick the uninformed consumer into paying it.
     
  6. breeze

    breeze Well-Known Member

    You can send certified RRR mail online at the USPS site. They might appreciate it right now, :)

    And we should all write our congressmen to tell them to appropritae some of our money to the postal service to "sanitize" the mail. There is equipment that will do it.
     
  7. Killer

    Killer Well-Known Member

    Great! Thanks to all!

    Hmmm...I think I will try UPS online.
     
  8. Killer

    Killer Well-Known Member

    I meant USPS.
     
  9. Quixote

    Quixote Well-Known Member

    Maybe we should channel some of that evil energy over at Coldata (as ell as EMCC and others) and sic 'em on the Taliban! New York is out, what, $100 Billion? Coldata might put up their own phone lines to Afghanistan just so they could call and harass those people for that kind of scratch. If they can't maybe send them some threatening smoke signals or collection notices wrapped around a brick. Who Knows? The possibilities are endless.
     
  10. SisterGirl

    SisterGirl Well-Known Member

    Killer...." Welcome Home".

    I'm in "Big D" & that crap won't stand a chance in Hell(somebody is just "anticipation" that you will freak out).

    But just like Joan Crawford said in Mommie Dearest when she sat down w/the Pepsi Co board after Al died..."don't f*ck with me fellas...this ain't my first time at the rodeo").

    My girl for that statement(otherwise she was something else).

    Sister Girl
     
  11. Killer

    Killer Well-Known Member

    Wassup Sister Girl!

    I just sent a letter to Coldata via online USPS. It only costs about $5.50 certified and I never left my house! Anyway, I told Coldata I was going to sue their asses off! No just kidding! I was polite. Without acknowledging the debt, I stated that I hadn't had any department store credit account since 1990 and therefore if the debt has been confused with another account I had, it was too old. I stated that the limit was 4 yrs to collect and 7 yrs to report. I said if they brake these laws, I was prepared to contact the appropriate federal and state agencies and prepared to initiate a lawsuit against their company. I demanded that they not ever contact me again regarding this matter. How'z dat?
     
  12. J. Edgar

    J. Edgar Well-Known Member

    Tell them the debt is out of statute and that if you ever hear from them again, or if they even THINK about reporting it to the CRAs you'll sue their butts off. They will just go away. They probably bought your $1600 debt for about $30 in a 'package' of very stale and out of statute debt in the hope of scaring enough people into paying the enough to pay for their outlay and whatever efforts they made to collect. Tell them to go whiz into the wind.
     
  13. breeze

    breeze Well-Known Member

    That should make them go away.
     
  14. Momof3

    Momof3 Well-Known Member


    Whiz into the wind, JE you crap me up but right on the money as usual:)
     
  15. curiouser

    curiouser Well-Known Member

     
  16. Quixote

    Quixote Well-Known Member

     
  17. Quixote

    Quixote Well-Known Member

    Scrolling up to the top, I noticed that I've mentioned bricks twice in this one thread. Psychdoc, Help! What should I make of this? I think I better get out of this thread before I hurt someone. It's like my own little alternate universe.

    Chamomile tea, yeah, that's what I need, chamomile tea.
     
  18. Killer

    Killer Well-Known Member

    Y'all crack me up! I just laughed so loudly everyone at work ran to see what was wrong with me!

    I love this board!
     

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