Today a collector called and left a message on my machine. He said if I didn't call back he'd call me at work tomorrow. The account in question is several years past the SOL. I'm afraid a cease and desist letter would validate this old debt. What should I do?
If you call...USE A PAY PHONE... Leave a message that the last person at work that WAS "HOUNDED" by a CA was FIRED!!! That will get them "TONS" of money to get you FIRED!!!
The debt is still on my CR, but it's due to disapper in a few months. It's a least 3 years past my state's SOL.
Per the FCRA, a C&D does not constitute acknowledging the debt. Neither does validation. The CA knows that their time is limited. Call him from a pay phone and tell them not you call you. You will be sending out a C&D letter tomorrow. Then ask for a address that you can send a validation letter to. Thank hang up. Short and sweet!
Then why do you care? The cards are all in your hand now. I like part of George's idea, but I'd call from a recorded line, threaten to sue if he calls you at work, and mention the FDCRA prohibits him calling you at work if your employer doesn't allow you to take those calls. Then wait the reporting period out and give him a call just to rub it in =)
Thanks for your answer. Why call him from a pay phone? He already knows both my work and home phone numbers.
Also, is a validation letter necessary at this time? The account is scheduled to be removed from my CR in a couple of months. Can I just ask him for his mailing address for a Cease and Desist letter? Is he obligated to give me his address?
A C&D would not re-age the debt. You are not admitting to owing anything in a cease and decist letter, you are simply telling them not to contact you over the matter. Legally they have to honor it, other than notifying you of a specific remedy. If them trying to re-age the debt has you worried, keep a copy of your current report with 11/95 DOLA on it. Gib