02-06-2013 07:22 PM
I had several negative accounts in the past. They are no longer listed on my credit report because it's over 7 years and statue of limitation is passed (4years in TX I believe) on these collections accounts. I'm receiving collection letters and phone calls every day. I haven't done anything about it and considering the following two options based on my research:
Should I send the these ollections agency
1)Debt validation letter of
2)Cease and Desist Letter
What would stop these phone calls, letters and potential damage to my credit? Which way is the best way to go? What should I state in the letter?
02-06-2013 11:52 PM
Send them a DV using the Texas statute for such. A very powerful tool.
02-07-2013 11:14 AM - edited 02-07-2013 11:15 AM
+1 to Shogun's suggestion.
I assume your primary goal is to get them to cease communications with you.
You can accomplish that by simply sending them a cease further communication letter under FDCPA 805C.
However, cease communications letters dont apply to other collection activites on their part, such as pulling your credit report.
Requests for debt validation under the FDCPA, and your case as a resident of Texas, the additional ability to send a similar request under the TX debt collection act, place a more comprehensive "cease collection" bar on debt collectors. That extends to any collection activity.
However, use of a DV under the federal FDCPA only applies the cease collection bar if sent within 30 days of their dunning notice. If they sent prior dunning notice, use of the fed FDCPA has most likely expired.
The TX debt collection act places no such time restriction, and permits sending of a request for validation with the similar imposition of a cease collection bar.
I would send them such a letter under the TX code.
In the unlikely event that they do send validation, you can then fall back to sending them a cease communication letter under FDCPA 805C, which will at least stop their calls and letters.
02-07-2013 01:33 PM
Thank you guys.
I would like them to stop contacting me by phone and mail and also I don't want them to mess with my credit as I have worked so hard to improve it for the last few years and I have excellent history and score now. They do hard pulls and soft pulls. I have placed a security freeze but I don't think that would stop them hard pulling my credit.
Would this DV letter stop them accessing my credit? Would it also stop the phoe calls and letters? I know I have no negative accoutns since 2005 but I don''t have a proof of that. I just know the year when things went wrong.
02-07-2013 01:42 PM
Should I send something like this? I found it online. Thanks.
Collection Agency's Address
Subject: [Account Name / Account Number]
Dear [Bill Collector],
This letter is in response to your correspondence dated DATE, 2005 concerning the collection of the above referenced account. A copy of your letter is attached.
I do not believe that I owe this debt, and therefore I am disputing this debt. I have verified the state statute of limitations for debts of this type through North Carolina courts as three years. Therefore, the statute of limitations for the collection of this date has expired.
I hereby request that you take the following actions:
1. Please contact any credit agencies to whom you have reported this alleged debt, and inform them that I am disputing the debt; and
2. Please also forward a copy of this letter to the creditor who alleges that I owe the debt at issue, and inform them that I am disputing the debt.
Except as specifically outlined herein, I am requesting that you cease all contact with me about the alleged debt. Any further contact should be strictly in conformity with the FDCPA: It should be limited to providing me with the documentation requested in this letter, informing me that you have ceased collection efforts on the alleged debt, or stating that you are taking a specific action in relation to the debt such as commencing a collection lawsuit. Obviously, I would raise the statute of limitations as an absolute bar to any lawsuit.
Any further contact should be made in writing, and should be submitted to my home address by mail.
(Sign above name)
02-07-2013 02:16 PM
As mentioned, even if SOL and CRTP expired, they can collect forever. IMO, ignore them. If not, then do as suggested. Doesn't always work but it can. I personally have one CA chasing me from a 1997 debt. It's been 16 years and they still send letters.
02-07-2013 02:18 PM
Or would this be better?
All debt collectors operating in the State of Texas must be able to verify, or “validate,” any debt on which they are attempting to collect payment.
Texas Finance Code Section 392.202 requires a debt collection agency or credit bureau to provide the alleged debtor with specific information concerning their debt including but not limited to:
02-07-2013 03:19 PM
The first letter is a mix of apples and oranges, and I would not advise sending as is.
It implies that your letter is a direct dispute, and even asks they report a dispute to the CRAs.
I dont believe you want either of those. You dont include any assertion of inaccuracy in their reporting, which is what an FCRA dispute is all about.
They could thus treat it as a direct dispute, hold it as lacking any asserton of an inaccuracy, and treat it as frivolous or irrelevent.
Reporting a dispute to the CRAs will put a dispute flag in your credit file, thus making certain account information unavailable for FICO scoring.
What I believe you wanted was a DV letter to cease call collection activity on their part. In that event, all that need be said is "I request debt validation under FDCPA 809(b)."
That automatically, if timely, invokes a cease collection bar with no need to even state so.
The DV process does not compel them to provide supporting documentation, so I would leave that out of any DV.
Better yet is the second letter, sent under the Tx state statute, which again needs only cite that statute and request validation of the debt.
It will be timely, as the TX code has no limitation requiring sending within any specific period.
02-07-2013 05:42 PM
Thank you for all your help. Based on your feedback and some research, I came up with this letter. Could you please take a look at it and let me know what you think? I really appriciate all your help!!!
To Whom It May Concern:
I am sending this letter to you in response to a notice I received from your office on DATE. Under my rights under the Texas Finance Code Section 392.202, I am requesting that you provide VALIDATION of this “debt” in writing.
Please be advised that I am aware of Texas State law on the subject of Texas Debt Collection Act. Based on my rights under the Texas Finance Code Section 392.202, I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following:
I am using certified mail to ensure that you receive this letter and demand that your firm confirm with me, in writing, that your office or its affiliates immediately and permanently cease collection activities on the above-listed “debt” and shall not transfer the alleged “debt” to another collection agency. A third party collection agency that violates any provision of Texas Finance Code is subject to criminal penalties through the Texas Attorney General, as well as civil penalties that include monetary awards to the victim.
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