What to say to CA?

Discussion in 'Credit Talk' started by JamesN710, Apr 17, 2008.

  1. JamesN710

    JamesN710 Active Member

    Hello all,

    I posted here a while back about a Cavalry CA calling me on a debt that I had that is now over 12 years old. I don't think the OC, First North American National Bank is even in business now. Anyway, this zombie debt has been sold many times I am sure, and now Cavalry has it. They called me a few times back in February and March, I didn't answer and they sent me a letter or two which I ignored and shredded. i didn't hear from them again until today. They called me again today and I answered the phone thinking it was someone else calling. Anyway the guy said he was calling about the FNANB debt and I told him the debt was 14 years old (not exactly 14 but is way past SOL) and to stop calling me. I am assuming by answering this call that I have given Cavalry free rein to call every day from now until doomsday.

    Did I make a mistake answering their call and speaking to the rep without realizing who it was? What do you say to them when they call other than "don't call me any more" which I am sure is like asking the sun not to shine or the rain to stop falling. What can I do to get these people to leave me alone? The debt is way past SOL and I am not paying it. I couldn't afford it even if I wanted to pay it.

    Any help is appreciated.

    James
     
  2. Hedwig

    Hedwig Well-Known Member

    Send them a letter, certified mail return receipt requested. Tell them that the alleged debt (so you are not admitting to anything) is so old that even if it were valid it would be past the statute of limitations. Ask them to refrain from further contact or you will be forced to pursue legal action.
     
  3. Dumb Bob

    Dumb Bob Well-Known Member

    The problem is that only in two states, I think it is, is the SOL essentially a statue of repose. So in all the other states, that means that while they can't win suing you, if you do everything right, and appeal, and finally get the right end of the stick, they can call you and call you.

    Of course you have the FDCPA on your side. You can send them a Shut The Hell Up letter which will stop them from calling you, or you'll have to figure out how to sue. That should provide you with plenty of reading and study material.

    As you are probably seeing, all this can cut into your backgammon time. But it can't be helped. You'll have to engage the other side or put up with the pain of ring, ring, ring.
     
  4. greg1045

    greg1045 Well-Known Member

    Or just change your phone number and ask the phone co. to make the new number an unlisted/unpublished one.
     

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