Hi, I'm just wondering if anyone can give me some advice on how to deal with a CA that just contacted me about an unpaid charge-off. When the CA called, I said that I didn't know what they were talking about. Of course the guy was persistent and proceeded to name off old addresses, my SSN, the fact that the last activity on the account was 1994. I told him that he had my SSN, but I had no idea what he was talking about. Of course I just played stupid. I just received a letter from the CA telling me that I dont dispute this within 30 days that they will assume that the debt is valid. Luckily, this has dropped off my CR. Is it possible for this to be re-aged by the CA and put back onto my CR? Should I ask for validation? I want to make sure I handle this correctly as the SOL, as I understand, has passed. This account was started in NY. Last activity is 1994 and I moved to WA about 6 years ago. Please let me know how I should proceed. Thanks.
I know its up, but what can I do to get this CA off my back. They've only called once and sent one letter. I realize that they have a right to try to collect this debt even if the SOL is up, but is there something I can do to have them not contact me about this anymore? Cease and desist?
Send them a letter telling them the SOL is up on the debt, along with the usual Drop Dead verbage. Tell them if they contact you again about a debt that can no longer be collected, that you will sue.
"Cease and desist" letter appropriate here since past SOL? If so, I might consider writing them a letter something like this..... I am in receipt of your letter dated xx/xx/xx in regards to your above-referenced account number. This letter is to notify you that your claim is disputed. Furthermore, I hereby request that you cease and desist your efforts to collect on the above referenced account, effective immediately. Should you fail to comply with this request I shall have no other recourse than to pursue legal sanctions under applicable federal and state law. If you do choose to write such a letter to them, send it CRRR and enclose a copy of their letter to you.
Jethro, Thats what I was thinking about doing. Something along those lines. I just wanted to make sure that this is the appropriate way of handling this. I'm assuming that they wouldn't win if they took me to court. So why would they? I'm also assuming that they are just trying to collect on this debt based on a crap shoot to see if I would just settle because the CA offered a settlement right away. I told them that I didn't owe them a dime to which he responded that he'd call me every day until I paid.
Gramguy, I'm with you, I'd run it by others here and see what the consensus is. I'd also be 100% certain that it is past SOL before sending. I'm guessing that a "drop-dead" letter is the same or fairly similiar to a "cease and desist" letter. In either case, I believe the alleged debt being past the SOL is key before sending.....otherwise, if not past SOL, I don't believe you'd be receiving input for sending "drop dead" or "cease and desist".
If it were me I'd send them a validation C&D combo to keep them from pulling inquiries. Needs to have: 1. validation demand 2. SOL notification 3. notice that you may record any future phone calls 4. limited cease and decist from telphone communications
If truly past SOL, why not full throttle C & D letter that includes verbage that their claim is disputed? Why limit C & D to telephone communications if past SOL? Just curious in my quest to learn more.
You could add a paragraph similiar to this...... You are instructed to take no action that could be detrimental to any of my credit reports. Please also be aware that any negative mark (including unauthorized inquirys) found on my credit reports from your company or any company that you represent for a debt that I donâ??t owe will be viewed as a violation of the consumer credit laws. Have you pulled your report(s) to see if the CA has made an inquiry?
Yes I pulled all three CRs a few weeks and there are no inquries from this CA or any other CA for that matter.
I have another curiousity question...... Which state's SOL laws apply in this instance? NY or WA? NY is where consumer lived when debt originated and DOLA on debt. WA is where consumer currently lives and has lived for the past 6 years.
