Dynamic Recovery Solutions

[Anonymous]

They actually called my work phone from a number very similar to our dispatch call center. I have a SOL letter drafted and will send out in the morning. As of today, nothing negative is on my credit report.

[Anonymous]

Forget sol letter, they already know it's out of sol.

Send them a cease and desist letter. You will never hear from them again.

[Berk]

Here is the letter that I sent to ARA Collections regarding 30-35 year old Zombie debt. Its the 3rd or 4th letter I've sent to different collection agencies for the same debt. I've never heard from any of the companies again after sending this letter.

Name and address


ARA
P. O. Box 5002
Villa Park, IL 60181

RE:


To Whom It May Concern:
This will serve as your legal notice under the federal Fair Debt Collection Practices Act (FDCPA), to cease all communication with me regarding the debt referenced above. Do not contact me, or any third parties regarding this debt.
Furthermore, I formally dispute the validity of this debt. Please provide me with documentation that supports why you believe this debt belongs to me and why you believe I owe this amount. Please send me copies of the original application for this account, any signatures associated with this account, any bills associated with this account, proof that the statute of limitations has not expired, etc.
You are also notified that should any adverse information be placed against my credit reports, appropriate actions will be taken under the federal Fair Credit Reporting Act (FCRA).
Thank you for your attention to this matter.

Sincerely,

[Anonymous]

Where do you get the account information or do you just provide your name, address & phone number they've been calling on?

[MakingProgress]

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@Anonymous wrote:

Well, I don't know for sure, but you could ask them through writings about what debt did they talk about. If you are in doubt, maybe you could consult this matter to a lawyer. I just read an article at http://www.whycall.me/news/judge-rules-that-targets-harassing-debt-collection-calls-crossed-the-line/ about someone who also get harassment over the phone by collection agency. I think you could also bring the case to the court if they ask you to pay zombie debt.

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Actually they are within their rights to continue to try to collect on a zombie dept.   If it is a valid debt you still owe it unless you paid it or it was discharged in BK.  A debt that is over 7 years old should not be on your CR, and if it is past the SOL in your state you can't be sued over it, but you still owe the dept and other collections activities can occur.

[Berk]

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@MakingProgress wrote:

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@Anonymous wrote:

Well, I don't know for sure, but you could ask them through writings about what debt did they talk about. If you are in doubt, maybe you could consult this matter to a lawyer. I just read an article at http://www.whycall.me/news/judge-rules-that-targets-harassing-debt-collection-calls-crossed-the-line/ about someone who also get harassment over the phone by collection agency. I think you could also bring the case to the court if they ask you to pay zombie debt.

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Actually they are within their rights to continue to try to collect on a zombie dept.   If it is a valid debt you still owe it unless you paid it or it was discharged in BK.  A debt that is over 7 years old should not be on your CR, and if it is past the SOL in your state you can't be sued over it, but you still owe the dept and other collections activities can occur.

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Sure, they are withing their rights. Although they will get nowhere with me. What do you mean by "valid debt?" This company bought a very, very old debt for pennies on the dollar in the off chance that I would be stupid enough to feel pressured into paying them. It is not a valid debt if the SOL is expired and they are not the original holder of the loan. Sorry, not gonna pay something that they have no right to.

[RobertEG]

Simply send them a cease communication letter.  Send it CMRRR to establish proof of date of receipt.

If, after receipt of the letter, they call again, then you have a statutory violation of the FDCPA that entitles you to $1,000.

"This is notice under FDCPA 805(c) that you are to cease all communication with me regarding the asserted debt."

[MakingProgress]

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Sure, they are withing their rights. Although they will get nowhere with me. What do you mean by "valid debt?" This company bought a very, very old debt for pennies on the dollar in the off chance that I would be stupid enough to feel pressured into paying them. It is not a valid debt if the SOL is expired and they are not the original holder of the loan. Sorry, not gonna pay something that they have no right to.

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A valid debt is money that you owe someone.  As an example I charge $50 on a cc.   I owe that money to whoever holds the debt , the cc company sells it to a CA, that CA sells it to another etc.  20 years from now I still owe the debt, It should not be on my CR, and I can't be sued for it because it is past the SOL, but I still owe the debt.  That is what I mean my valid debt.  The CA can still try to collect they just can't put it on my CR or sue me for it.

So as several others have said simply send them a cease and desist letter and then they can no longer contact you.   Howeve if they sell it to another CA you will need to send them another cease and desist letter. 

[Berk]

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@MakingProgress wrote:

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Sure, they are withing their rights. Although they will get nowhere with me. What do you mean by "valid debt?" This company bought a very, very old debt for pennies on the dollar in the off chance that I would be stupid enough to feel pressured into paying them. It is not a valid debt if the SOL is expired and they are not the original holder of the loan. Sorry, not gonna pay something that they have no right to.

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A valid debt is money that you owe someone.  As an example I charge $50 on a cc.   I owe that money to whoever holds the debt , the cc company sells it to a CA, that CA sells it to another etc.  20 years from now I still owe the debt, It should not be on my CR, and I can't be sued for it because it is past the SOL, but I still owe the debt.  That is what I mean my valid debt.  The CA can still try to collect they just can't put it on my CR or sue me for it.

So as several others have said simply send them a cease and desist letter and then they can no longer contact you.   Howeve if they sell it to another CA you will need to send them another cease and desist letter. 

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Yeah, I guess my definition of valid differs from everyone elses. Valid has to do with being legally binding or legally or officially acceptable. Since the SOL has passed and I have no legal obligation to pay the debt, that debt is no longer legally binding so, it is no longer a valid debt. Now, a good argument can be made that, even though the SOL is expired, it is still a valid debt owed to the original creditor because I did enter into a legally binding agreement with that lender when I signed the contract. However, I entered into no such agreement with the debt collector and the original lender no longer has legal standing to pursue the collection of the debt. And the fact that this debt keeps getting passed onto the next collector does nothing to add to its validity. 

And I have a whole file of C & D letters to all the various creditors who have attempted repeatedly to collect on an uncollectable debt. I have made a few of the reps so mad that it is they who end up hanging up on me. And, naturally, I call right back, ask for the rep by name, and politely appologize for being disconnected. I know that they are just hard working people trying to earn a living but it is more fun to put them on the defensive for once. Funny thing is, after just one C & D I never hear from the collection agency again. And they've tried all kinds of tricks - making their letter head look like it came from a law firm in one case.