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H E L P ! ! ! - CFCA Final Notice

Discussion in 'Credit Talk' started by Cadillac408, Dec 3, 2001.

  1. Dec 3, 2001 #1
    Cadillac408

    Cadillac408 Well-Known Member

    I received this letter yesterday from California Financial Credit Association:

    A little background info: This is for that BofA account that my ex messed up. Most of you know the story. But they tried their collection efforts earlier this year and I sent a validation letter ASAP. They responded w/ some computer print out B.S. from BofA. It was the last statement on the account that showed how the account because overdrawn. The print out didn't have my ssn, DL#, or signature. It just had mine and my ex's name on it. So I responded to that letter to tell them that I needed time to review my records (I was basically stalling so that the SOL would be up). The SOL for CA is 4 years and that was up in October. The amount they are asking for is $1454.

    WHAT DO I DO NOW??????? I need to send them some sort of letter. What do I do? This is NOT reporting on my credit. I don't think they even pulled an inquiry....but I'm not sure.

    HELP!!!!!!!! I need a plan and would like to respond to them TODAY!
     
  3. Dec 3, 2001 #2
    LKH

    LKH Well-Known Member

    They can file suit but if you appear to defend yourself you have the perfect defense which is the sol has run its' course. You might want to send a cease and desist with a little note that you are aware the sol has expired and you will not submit to their b.s

    Compass Bank tried to pull this crap on me earlier this summer regarding a repo from 1995. The sol was due to run within 30 days of them sending it to a ca. I called the bank and told them the sol had run after I was able to drag it on for 30 days. They ended up reporting it as paid in full on time, never late and took it back from the ca, because they knew that I knew the sol had run and they couldn't do anything.

    I guess I would just send the c & d along with a note re: the sol. They probably are just trying to give it 1 last shot like they did with me.

    Good luck

    .
     
  4. Dec 3, 2001 #3
    Cadillac408

    Cadillac408 Well-Known Member

    THANKS LKH!

    Is there a special letter floating around that I could use as a template for this kind of thing????
     
  5. Dec 3, 2001 #4
    breeze

    breeze Well-Known Member

    MP, I think when you send the "cease" letter they will know that you know. ;)
     
  6. Dec 3, 2001 #5
    Cadillac408

    Cadillac408 Well-Known Member

    But how will I know that they will know that I know? ;)

    I will draft something and post it here for comments. I thought I saw a form letter on Carreon's web site specifically dealing w/ a CA trying to collect past the SOL date. Let me search....
     
  7. Dec 3, 2001 #6
    Cadillac408

    Cadillac408 Well-Known Member

    How's this?

    Dear C.F.C.A
    You are here by notified that your services are no longer desired. This is in accordance with the laws of the Fair Debt Collection Practices Act.
    Your company must cease and desist all attempts to collect the above debt. In addition, this debt has also passed the statute of limitations to collect in the state of California. I have no intention of paying this old expired debt and am informing you of this now.
    Be warned, any negative information pertaining to this debt added to my credit file after receipt of this letter will result in my filing a complaint with the Federal Trade Commission and my state's Attorney General's Office. I will be thorough and pursue all criminal and civil claims against your company and seek any and all legal remedies afforded me by law.
    ----------------------
    Any comments?
     
  8. Dec 3, 2001 #7
    LKH

    LKH Well-Known Member

    Re: How's this?

    Just 1 comment. If they are not currently reporting to the cra's, I'm not sure I would mention that. The reason is they can report it for 7 years and you are less than that now. Otherwise, send it.
     
  9. Dec 3, 2001 #8
    VJ

    VJ Well-Known Member

    Re:How's this? Glad You Asked.

    Milpitas Girl,
    You might want to put the word "alleged" in front of the word "debt" every time and wherever it appears in your letter.
    You may want to go back to the FPCPA were it states False or misleading(deceptive) practices are violations. Period.
    ==============================================
    § 807. False or misleading representations [15 USC 1962e]

    A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

    (5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
    ------------------------------------------------------------
    Send c and d if SOL's have expired, and legal action, as they know, cannot be taken.Also tell them the next time you hear from them, in the interest of saving time and money, to just send you a check for the sum of $2000, made out to you, and they won't be burdened with those pesky added court costs for the above violations of FPCPA's.

    VJ
     

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