...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 stopped. Please feel free to contact me if you have any questions. Thank you very much. Please reply to JB1833@aol.com
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. Saar
Just to refresh your memory, SAAR also posted this to your original coldata thread in case you missed it... -Dave
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. JB1833@aol.com
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? Saar
Howdy, 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.
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!) BK1833@aol.com
