Collection Agency problem

Discussion in 'Credit Talk' started by N'awlins, Apr 26, 2001.

  1. N'awlins

    N'awlins Guest

    As many of you already know I had 3 success stories using a validation letter (combo Due Process/Lizardking version). Northland, Reliable Adj. Bureau and Souther Collection replied within a few days saying they would stop collection and delete those accounts.

    Honors Credit from Dallas Texas (original reditor BellSouth) never replied. I gave them a call yesterday and they told me that they never replied because I sent a CEASE AND DESIST letter a week before I sent the validation letter. The thing is I never sent them a Cease and desist. They are full of it!

    Today I sent them a letter explaining that I never sent a C&D and I demanded validation. I also put on top..."Last notice before filling suit" in bold, 28 pt.

    Do you think this will make them reply. Everything, as usual, was sent certified, signature required. Little do they know I am well informed about my rights. Shame on them!!! That's why we should not feel bad about disputing and requesting validation for everything. They do not hesitate to trick people into paying.... By the way this account is 5 years old. SOL is long gone!
     
  2. bummer

    bummer Guest

    It'll make them reply alright - hope the debt isn't really yours.......not good to threaten unless you intend to follow thru........ do you have an attorney friend who wouldn't mind making a phone call and horsing with them a bit? Usually when they hear "Hello this is Bob Attorney representing Bob Client............they get nervous............
    They should have "C&D Letter" on file. Ask them for a copy............that should do it.
    The 5 year thing.......as long as you are in contact and I may be wrong.........but the account is still valid or "on the books"
     
  3. Toothman

    Toothman Well-Known Member

    The account may be still "on the books" but no lawsuit is possible if you are beyond the SOL.
     
  4. Hal

    Hal Well-Known Member

    Actually anyone can sue you anytime. A collection agency can file suit on a debt on which the SOL has expired; it is the responsibility of the party being sued to offer the SOL as a defense.
     

Share This Page