Waking a sleeping time barred dog

Now that I've filed my disputes with the CRAs, I've woken a sleeping dog and I need to know which letter is the appropriate one to send to them. (I've not requested validation from them yet.)

Facts:

1. The SOL for collecting where the date occured is 2 years (CALIF) and it is 4 years past this.

2. There is one year left before it falls off of my CR.

3. It is a utility company. (If this matters)

4. It was listed on my BK 4 years ago.

5. The amount that they list on their letter following the below diatribe, is more than what is listed on the CR.

The letter says "we have recently had a credit inquiry for information regarding the above collection account, which you still owe our client. Unfortunately, we have had to report that this bill is still outstanding. This will very likely cause a negative item remaining in your credit file. blah blah blah.

Do I even ask for validation? Do I send them a C&D? Obviously I need to mention the SOCL, does time barred come into play here? Is this an ITS situation?

What do I do to get rid of this flea?

 

Thank you for the advice Jam. I looked at my state and it's a 6 year SOL state.

Further, it says this:
"Borrowing StatuteFor those moving to Mich. from a shorter SOL State) Claims brought in Michigan, by non-Michigan residents, for damages incurred outside this state are barred if the relevant statute of limitations of either Michigan or the state in which the cause of action accrued has run."

So if I have this right, it defers me the Calif statute of 2 years.

I lived in Calif until 1998. 2 months after DOLA, I moved to another state for 3 years. I've now lived in MI for another 2 years. How do I find out if I paused it?

I will pull up WhyChat's letter that you recommended but I guess I first have to find out if I paused the SOL? When I first started this last month, I wasn't sure which end was up and I did a dispute with all 3 CRAs (didn't have your brain to pick yet <smile>)... it's from this dispute that I woke this dog. They are showing up on .... well shoot! I just looked at the CR and it looks like this CA is reporting to EXP and TU but another CA is reporting the SAME account to EQ & EXP. How can that be? (I know, dumb question.)

Thanks for helping me on this Jam!

 

Thank you again Jam!

I have one more question, well maybe 3 but they're short.

1. Is it a violation to ask me for a different amount than they are reporting to the CRA?

2. The letter from them doesn't contain the mini-miranda, just a short "this communicaiton is from a debt collector" and has attached to it a payment coupon. As it's the first communication from them and they've not mini-mirandized, I fould a great letter that I'd like to use:

XXXX Collection Agency
1313 Get Lost Lane
Anytown USA 00000

Re: ______________

NOTICE OF INTENT TO SUE

You are hereby put on notice that:

1. I am in receipt of a collection letter from you in the above cited matter dated Jul;y 9, 2004. This letter is "initial communication" as defined in Fair Debt Collection Practices Act Section 809(a) (herein called FDCPA).

2. This letter is in violation of FDCPA Section 809(a)(3), 809(a)(4) and 809(a)(5) in that the required portions of law have not been complied with, to wit:

"(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgement against the consumer and a copy of such verification or judgement will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor."

3. FDCPA Section 809 permits the required consumer warnings to be provided "within five days of the initial communication sent to the consumer..." This has not been done.

4. FDCPA Section 813(a)(2)(A) prescribes penalties for violation, to wit:

"(a)Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of -

(1) any actual damage sustained by such person as a result of such failure;
(2)(A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1000."

5. Since the illegal letter cited above is illegal on its face, a Class Action on behalf of a class of every consumer whom you have sent this illegal letter to in the past two years is a definite option.

6. There are several Court Cases which deal with the concept of "overshadowing" - which is the act of a Collector burying the required notification of consumers' rights under FDCPA so deep and so inconsequentially into communications that they are lost in the "pay this bill" message. I could make a strong case that the absence of the required consumer protection notices is in and of itself "overshadowing". (see Ost v. Collection Bureau, Inc., 493 F Supp 701 (D ND); Graziano v Harrison, 950 F 2d 107 (3rd Circuit, 1991); Miller v. Payco General American Credits, Inc., 943 F 2d 482 (4th Circuit, 1991) et seq.

7. You are hereby on notice that I demand you forward to me, within 21 days of the date of this letter, One Thousand ($1,000.00) Dollars as Liquidated Statutory Damages for the violation of my rights under law. Failure to comply will bring legal action to enforce my rights and this claim at any time after the twenty-one (21) days, without further notice to you.

Sincerely, ME!

Can I couple this in the same body with the C&D time-barred or do I need to send it under seperate cover? (No validation request needed right?)

3. I've been searching Why Chat's site - been there before, and I can't find anything that couples the C&D with the SOL. Any suggestions?

 

Well for 6 years, it's sat at $xx.oo Now that I've woken them up, they tagged on another $41.79 (like grabbing cloulds from the sky.)

 

Re: Re: Waking a sleeping time barred dog

Thank you for your answers Jam! Can you clarify what you mean by "if this CA is older than a year old..." They've been the listed CA for an unknown about of time because until recently, I never pulled my CR. It IS the first time I've ever heard from them though.

And REALLY.... THANK YOU Jam!!!

 

Thanks Jam! I think I'll send it and see..... considering that they're not exactly with it so far, they may just cough it up. Won't get a cha ching without asking right? <g>

Thanks again!

 

Jam, would the time barred letter that you suggested yesterday be the same or do the same as the c&d?

 

Thanks Jam! Thank you Thank you Thank you!!!!

 

Re: Re: Waking a sleeping time barred dog

The answer to both questions is yes. They are also reporting a balance.

So how do I get the wrath of the bk court on these people (I have several doing the same thing) or can I use that as leverage against them to delete?