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Merchants Credit Group - Violation???

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Anonymous
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Merchants Credit Group - Violation???

My sister recently received a dunning letter from Merchants Credit Group regarding a debt totaling $998 on a Spiegel account that has not been had any activity since 1993 when she got divorced. They gave her 3 payment options. I responded to their letter that we were taking option #4 - validation and that they were attempting to collect a time barred debt. Her experian report shows this as an inactive account with the original creditor and a zero balance. I also sent copies of my correspondence to the AG in NY, PA and IL.
 
Yesterday, she received a letter from Merchants telling her that they were ceasing collection activities until they are able to obtain the validation from the original creditor. If they are unable to obtain the information they will close the account in their office.
 
The odd thing is, the letter also contained the mini miranda AND a tear off remittance to allow her to pay the $998 AND offered her the option to pay this debt on line!!! Wouldn't the mini miranda, tear off remittance and remittance envelope they so kindly provided be considered continued collection activity and a direct violation??? How should we respond to this new letter from them?
 
Thanks
Cathy
Message 1 of 4
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Anonymous
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Re: Merchants Credit Group - Violation???

If this acct is that old it is past CRTP and past SOL. They can't report to CRA's or sue you, even if they could FULLY VALIDATE, which I doubt that they can. If they report to CRA's you can sue them.  Just keep paperwork, I wouldn't even bother to respond at this point, unless it showed up on CR.
Message 2 of 4
Anonymous
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Re: Merchants Credit Group - Violation???

The debt, if it is as described, is indeed time bared.  However if it is a valid debt they can still try to collect it.  They are allowed to contact you and request payment if they do own the debt even though time bared.  The SOL being past simply removes the option of them suing you and winning (provided you show up and use the SOL defense).  Paying anything on this debt now would serve only to reset the SOL.
 
The FCRA comes into play here as well.  It is beyond reporting to the CRA's.  All that means to collection activity is that they can not place it in your file, not that they can not try to collect it.  They are still bound by the DV, so they must stop collection activities until it is validated (which can still happen).
 
Should they actually validate a debt that old they can continue to attempt to collect as long as they stay within the FCRA in their attempts.  That means that they can send you letters and call until you tell them to stop.  Once you tell them to stop they can resell the debt and it can start over again.
 
What this all means is that while they can not really force her to pay this debt they can try to collect.  If you enforce your rights then they can simply include it in their next portfolio sale and someone else can attempt to collect it.
 
The things we do even many years ago can and do still affect our lives.  Debt doesn't simply go away, it just becomes harder and harder to collect.  And the system is set up in such a way that if you really wanted to do the right thing it would come around and bite you right in the behind.
 
If it were my debt the first thing that would come to my mind is, well lets get it paid.  However simply by doing the right thing what would happen is all of a sudden a very old debt that I have already paid the price for not paying would come back to haunt me.  As soon as I paid it the SOL would be reset (even though it would be paid in full and wouldn't exist anymore), and someone somewhere would decide that it should be reflected on my reports (either through maliciousness, or ignorance) and I'd have to deal with that.
 
So having said all of that I probably didn't really answer your original question, but it did give me an opportunity to vent on the system that punishes you for doing the right thing.
 
Personally I'd pay the darn thing off simply because I owe it however she probably should leave it alone and keep an eye on her credit reports to make sure some CA doesn't attempt to place it on there in an illegal attempt to force her to pay it.
 
Thanks for letting me rant.
 
Van
 
Message 3 of 4
Anonymous
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Re: Merchants Credit Group - Violation???

I've already told my sister that if she owes this money that legally they can not sue, hurt her credit report etc., but that morally she should pay it. She has sworn up and down that she has no knowledge/recollection of the debt and that is why validation has been requested. I also explained zombie debt to her and explained that some day she could be 85 years old and the phone could ring with someone asking for payment on this Spiegel account.
 
My original question was just if they were in violation of continued collection activities since validation was requested within 30 days of the original dunning letter, which they acknowledged in their recent communication to her. Although that acknowledgement was made, they still included the wording "this is an attempt to collect a debt etc etc etc" and offered her the payment option of mailing the money or paying online. Perhaps it is just a form letter they send.
Message 4 of 4
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