OK! I just rec'd a bill/debt from the following Co: RJM Acquisitions Funding, LLC @ 575 Underhill Blvd., Suite 224, Syosset, NY 11791-3416. They claimed that I owed the original creditor-->Providian National Bank Visa $338.78 in which this account was opened June 23, 1994. Yes, I believe I had this account and closed it or it was a right off from the original creditor. Whatever, I do not show this charge on my credit report and wanted to know what are my rights as a consumer as to not paying this fee they are charging me. Also, I do not want them to add this new charge to my credit reports. RJM said they have purchased this debt from the OC and is now trying to collect it from me. Why this is and what can I do to get them off of my back? This is ridiculous and this debt was written-off and does not even show-up on any of my three credit bureaus. Does anyone have any suggestions? Help!!!
Not a c&d ... a dv first. C&D might cause a 1099-c. A DV gives you ammo against that, and likely prevents it in the first place.
"C&D" is short for "Cease & Desist", which is an order to stop communications until further actions are taken; which generally means going straight to legal recourse for collection. "DV" is short for "Debt Validation", this is a request to "validate the debt" as being your legal responsibility and verified as to the correct amount alleged owed. You have the legal right to request this under the Fair Debt Collections Practices Act. In your case, you also need to look up what the "Statutes of Limitations" are for legal collections measures in your state. This debt must be way past any "SOL" for legal recourse. Be aware that though a debt is "past SOL", a collection agency can still take legal suit against you. YOU must raise the affirmative defense that the debt is past "SOL" for legal collection activity; no one ( a judge for instance)will do it for you.
He said it was Opened in 1994 - he doesn't say if they mention when it went delinquent...send a dispute, and start monitoring your credit reports.
