In March of this year I pulled a copy of my credit report. Since then I have been bombarded with calls from creditors. I have paid off some debts and other I refuse to deal with until they can grow up and treat me like a human being. Anyway...most of the debts are either right at 7 years old or older. Can they still call me on these old debts...they all have been sold to collection companies, and some have been sold multiple times. Does the 7 year rule apply to the origianal debt or does it start all over each and every time it is sold? Question number 2...can they call you twice in one day? One collection agency called and harrassed me, threatend to take me to court, when I told him that I no longer wanted to speak with him, he called right back and started yelling at me again. He even went as far as to call me a liar. Fianl question I promise!!...If I paid a dbet off over the phone and asked to have a letter sent to me stating that it was paid off, but never received written confirmation...is this a violation, if so how should I handle it? Thanks!
It applies from the original date of delinquency. Selling it does not reset it. On the CA who called and harassed you, when had the last payment been made, and is the debt past SOL? Under FDCPA, they cannot legally threaten to sue you if they have no intention of doing so, or if they cannot legally sue because the SOL has passed. In addition, the repeated calls, yelling, and calling you a liar, are all abusive and harassing behavior in violation of the FDCPA. "If I paid a dbet off over the phone and asked to have a letter sent to me stating that it was paid off, but never received written confirmation...is this a violation, if so how should I handle it?" Did they say they would send you such a letter? I would send a letter, CRRR, memorializing that you paid this debt (include account number) by phone on xx/xx/xx, and demand that they send written confirmation that the debt had been paid, as they had agreed. If they are reporting, you would want to dispute if necessary to force your reports to show the account paid. There really is no legitimate reason for them to refuse to send you that confirmation, and particularly when you paid by phone, several years from now your ability to prove it was paid would be compromised without that letter in your files. They could sell off the debt again, either claiming you only made a payment toward the debt, or whatever they wanted, if you have no records to support that the debt is settled. It might show up on your reports when you are closing on a mortgage, and you would get to pay it all over again.
