Ok, the story. 1.Account was placed on BK in 2000/discharged 2001 2.Laid dormant until CRA investigation woke them. 3.The validated debt with CRA 4. CA then sent us a letter that said (w/o mini-miranda) sorry we had to verify, pay up. 5. They updated my DH's report by doubling the stated balance, adding a new TL for one CRA, and adding a new TL for two CRAs on me. 6. I replied with an ITS letter for time-barred debts and told them that no only did I dispute owing it, but .... well you know how the letter goes. Anyhow, this is what I received from them today: Upon request we complied with your request to validate this debt. There were some questions whether (your state) was an "open" or closed state. According to our collection guidelines under the ACA, it was marginal. Because of that we chose NOT to pursue any collection activity in the state of (__). However, if you insist, we can forward this account to your state. Pursuant to your request, enclosed is a copy of the original bill (didn't meet validation even if I HAD asked for it). To clear the balance please remit the balance in full. This is an attempt to collect a debt and any information obtained will be used for that purpose. Collection Mgr. ~ Ok so we all know that reporting, the letter mentioned in # 4 above and even this letter constitutes "collecting". The've ignored the ITS and the demand for damages so now what? Court? Are there other options (they don't practice business in my state therefore, I'd have to file federal - trying to think of a faster way)? Sorry about the length
If this debt was discharged in bankruptcy, then by demanding payment they have voilated the Bankruptcy stay, and you can sue them for this voilation.
It was sweet, but I'm hoping to find an alternative and more expedient resolution because of the fact that as they do not practice business in the state I reside in (2000 miles apart - I moved), I would have to tackel federal court or hire an attorney in their state. Doing that, hiring an attorney in their state is quite appealing, but still time consuming. Hopefully we can uncover another route and still hold them accountable. I think that these CAs do this because they think we won't pursue. HA!
