Repond to OSI CA letter?

Discussion in 'Credit Talk' started by cable666, Jun 25, 2002.

  1. cable666

    cable666 Well-Known Member

    I just received a letter from OSI today about a delinquent CC debt of mine. I think I will ignore it.

    This debt is past the California SOL. They can't legally succeed in suing me.

    The reason I am asking is because I have the right to dispute their claim. Part of me wants them to waste time and money proving to me that they owe the debt. The other part of me says to leave it alone. They are a bunch of lawless scumbags who will only get all rabid over my letter.

    I've employed the "hiding in plain site" strategy over the last few years before the SOL clock ran out. What the means is that I made sure that my creditors and CA's knew how to communicate with me, but did not know where to physically serve me with a summons. The reason for this was so I could void a stealth lawsuit from a CA or OC.

    My concern was that a CA/OC would file quietly file suit, make no effort to notify me, and them win a default judgement. Then they would use that judgement to garnish assets, etc.

    To void the judgement, I would have to prove that the plaintiff failed to serve me. By making sure that they knew how to communicate with me, I could prove that they had no excuse for failing to notify me. The fact that they could not put me and their process server at place place at the same time on the face of the planet is not an excuse.

    So as part of this strategy, I've allways disputed these dunning letters. In my dispute I let them know that I will only accept written communications sent to my PO box, that I will not tolorate any violations of any laws such the FDCPA, that I am represented by council and will only respond to questions after consulting with him, and that I reserve the right sue them and the OC for any violations of laws or actions that harm me in any way.

    Now that the SOL has expired, I wonder if I need to take such a defensive posture anymore? I don't want them getting all excited just cause they hear from me. In the past, CA's get so wound up when I answer them. They start foaming and the mouth and dollar signs start dancing in their eyes. You would think a rich uncle was on his deathbed and they were in the will.

    The CA has always given up. In fact, I know that OSI has been one of my CA's in the past. I'd have to go look up the letters in my files. I suspect that they are simply bottom fishing.

    They are probablly screwing with my credit report, which I don't care about. I'm working in Australia for a few years anyhow, and I don't need my US credit report. Besides, it keeps the other delinquent CC creditors from thinking that I'm doing well enough to bother.

    Their letter claims they bought the debt. Idiots.

    Cheers
     
  2. wkn

    wkn Well-Known Member

    If you ignore it, couldn't they get a default judgement or something? I guess I'm just of the "deal with it now" mindset myself. I'd send them a letter telling them it's past the SOL, so they should go away. Then, if they do screw with your reports, you've got a basis for argument. And I don't know -- how do you know for sure you won't need your US reports? Anything could happen. You could lose the job, or have to come back for some other reason. Just seems easier to keep the negative stuff off the report since there's no legal basis for it than to get it off later. Just my opinion FWIW.
     

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