If you want to help nail COLDATA...

Discussion in 'Credit Talk' started by JB1833, Apr 29, 2001.

  1. JB1833

    JB1833 Member

    ...then please read this!

    I am currently involved in legal action against Coldata. I am
    interested in hearing from anyone who has had contact with
    Coldata, particularly regarding debts that may have originated
    with another creditor (i.e., a debt that was purchased by
    Coldata). Of particular interest are debts that date from more
    than 5-7 years ago (or debts that are legally uncollectable
    because the statute of limitations for legal action to seek a
    judgment has expired). I am also particularly interested in
    hearing about your very first encounter with Coldata, whether it
    was by phone or by letter. If by letter, it would be helpful if you
    could provide the exact text of the very first letter you received
    from them (you do not have to supply the amount of the debt or
    the name of the original creditor, or account numbers or any other
    personal information).

    There is a good possibility of a class action lawsuit against
    them, and any information you can provide to me will be very
    helpful. It is time that Coldata's horrible and reprehensible debt
    collection practices (a large percentage of which are illegal) be

    Please feel free to contact me if you have any questions. Thank
    you very much.

    Please reply to JB1833@aol.com
  2. Saar

    Saar Banned

    JB, just because the SOL priod expired for that debt, does not make it "legally uncollectable". Moreover, even if they did sue and the debtor would fail to appear or to claim that SOL applies, they'd still get a judgment for that debt.

    The thing is, if 7 years have passed and you send them a C&D letter, there is nothing they can legally do to you. If they try anything illegal, then by all means sue the bastards - all of us send you their blessing.

    Good luck with the suit, it's high time someone nailed them.

  3. Nave

    Nave Well-Known Member

    Just to refresh your memory, SAAR also posted this to your original coldata thread in case you missed it...

  4. JB1833

    JB1833 Member

    Thanks, Dave, I did see Saar's original post. Thanks very much.

    To Saar:

    Actually, there is specific language in the Consumer Credit Protection Act (amended in 1996 as the Fair Debt Collection Practices Act, or FDCPA) [15 U.S.C. Sect. 1962e(5)] which prohibits a threat to take action which cannot legally be taken. This has been interpreted by courts to include bringing lawsuits in cases where plaintiffs are fully aware that the statute of limitations for seeking a judgment has expired. A debt which has outlived the statute of limitations is legally uncollectable. A creditor or collection agency may attempt to collect the debt--relying on their hope that unwitting consumers won't know their rights-- but they have no legal remedy to assist them.

    Thanks for your encouragement! This practice of Coldata's is only the tip of the iceberg in their illegal bag-of-tricks.

    I still hope to hear from anyone who has been harassed by Coldata. Please feel free to contact me.

  5. lbrown59

    lbrown59 Well-Known Member

    sounds like they need to be put on ice.
  6. Saar

    Saar Banned

    That's a very important distinction. Not being allowed to threaten the filing of a suit is one thing. Not being allowed to keep collection activity is another. Hence, a debt is "legally collectable" even if SOL passed.

    Good luck, JB. Who will you retain to file the class action?

  7. JB1833

    JB1833 Member

    If you contact me privately, Saar, I will fill you in on the details.

  8. bkonner

    bkonner Well-Known Member


    I got a rather tacky letter from then on a debt that is ten years old, and I WILL NEVER PAY! I got it about three months ago. I issued them a stern cease and desist letter warning them that I will sue them if they do not leave me alone.

    They said in the letter that "...they could not understand why I had not responded to their previous letter..."

    I have not heard from them since. I warned them that if they "reage" the debt (which again, I will never pay) I would sue them.
  9. JB1833

    JB1833 Member

    Dear Bkonner,

    PLEASE keep the letter they sent you and contact me ASAP. I can be of help to you. Read my original post in this thread (and don't worry, I'm not an attorney!)

  10. JB1833

    JB1833 Member

    Bkonner--I mistyped my email address. It is JB1833@aol.com Please contact me ASAP

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