I have a charged off in 1989 that they are trying to collect on. The SOL is 4 years so I'm way past it. I sent them a simple letter stating account was not mine. They sent back an offer to settle for 10% of the balance. If I don't settle they will get check my credit and go from there. They already did a soft INQ on TU. Should I ask for validation and remind them of the SOL or just ignore them? Any thoughts are appreciated.
If it was me, I would send them a letter stating this debt is years past the sol and that their inquiry into your credit was not a permissible purpose. I would attach a cease and desist to it and advise them your atty has told you if they pursue to let him know so that you may take legal action to uphold your rights. The thing is, they do have the right to send you notices or attempt to collect. You have the perfect defense of sol. And they do have the right to check your credit in attempting to collect a debt. Or should I say, a valid debt. Once it is past the sol, I'm not sure they have a permissible purpose in checking your credit. There have been discussions on this very subject here recently, and I believe the outcome was that once past the sol, they are sol.
Bigmon, I too am a reciever of CAMCO's questionable collection efforts. I say don't pay them a penny, send them a validation letter, and follow up with a cease and desist. They will most likely follow up with a letter stating they will no longer attempt to collect the debt and will discontinue any further contact as they did with me. For more info, see my active thread "can a CA collect on an 11 yr old debt?"
I would send a C&D and threaten to sue them if they didn't leave me and my credit report alone. CAMCO is the big topic on cardreport.com They are doing the worst stuff I have ever seen. Debts from 1980's!! Also, watch out, they are filing suits, using old addresses for service, and getting default judgments.
Sending unsubstantiated demands through the United States Mail system might constitute mail fraud. You can file a mail fraud complaint agianst CAMCO online at the U.S. Psotal Inspector's online complaint form: https://www.usps.com/postalinspectors/fraud/MailFraudComplaint.htm
Sending unsubstantiated demands for payment through the United States Mail system might constitute mail fraud. You can file a mail fraud complaint agianst CAMCO online at the U.S. Postal Inspector's online complaint form: https://www.usps.com/postalinspectors/fraud/MailFraudComplaint.htm
You now, that argument {mail fruad} might have some traction if you demand validation repeatedly and they never responded.
It seems to me that Affinity, Arrow & Camco (all located in Illinois) sell these unsubstantiated & statue-barred debts back & forth to each other which sounds like "racketeering" and fraud to me. The Racketeer Influenced and Corrupt Organizations (RICO) Act might prove useful against these firms. Just completed lengthy complaint form(s) for Illinois Attorney General's office and will now proceed to do same for Texas & California Attorney General's offices against Capital Acquisitions and Management Company (CAMCO).
Good idea....think I'll file some claims too....with an election coming up maybe complaining to some politicians will help too.
I just posted on this very thing on this thread: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&pgnum=1&postid=241267#post241267 It's lengthy, sorry, just cut down to the sending a cease and desist and including "any and all communication, direct and indirect" and see WhyChat's sample letter. Whatever you do, I discovered in researching today, do not acknowledge the debt as yours or make any arrangements or agree to have it put on a new credit card -- that's just what they want you to do. Sassy
Thanks Sassy......I have no itention of paying them anything....that's the whole purpose of the SOL in my opinion.
Looks like Camco may get Federal funds...perfect time to contact all appropriate State & Federal Agencies to file complaints against Camco... http://www.rrstar.com/business/services/20020801-9509.shtml
First thing to do about CAMCO (Capital Acquisitions & Management Company) is to file complaints with: Federal Trade Commission Online Complaint Form https://rn.ftc.gov/dod/wsolcq$.startup?Z_ORG_CODE=PU01 U.S. Postal Inspection Service Mail Fraud Online Complaint Form https://www.usps.com/postalinspectors/fraud/MailFraudComplaint.htm Better Business Bureau Online Complaint Form http://www.bbb.org/bbbcomplaints/SelectComplaintLinkFrameSet.asp Office of the Illinois Attorney General Jim Ryan - Consumer Complaint (PDF Form) http://www.ag.state.il.us/consumer/file.htm