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Valued Contributor
Boswd
Posts: 1,065
Registered: ‎04-26-2007

Re: What should I do? SOL has passed but collection agency is trying get paid!

does that mean you've made payments on the debt in '05?
Established Member
veerob982003
Posts: 16
Registered: ‎06-20-2007

Re: What should I do? SOL has passed but collection agency is trying get paid!

Sorry about the mistakes on my earlier post.  The date(s) of last activity on my Merrick Bank account was 09/00 for Exp and 10/00 for Equ and TU.  However, the legal SOL  for the state of SC (where I live now) and AL (where I was in school when I opened the account) is 5 or 6 years.  Since it has almost been 7 years, I am protected with the legal SOL expiration as a defense.  Despite this, I still need to know how to respond to the Collection Agency.  The credit reporting agencies will delete this negative information in Sept and Oct 2007, so I will let this process happen.  I just need to know how to handle the CA.  Should I send them a DV letter letting them know that the legal SOL has passed and to stop contacting me?  Will this work and can some please send me an example of a letter to send to the CA and not the CRAs.
 
Thanks a Bunch!!
Moderator Emeritus
HappyDays
Posts: 7,326
Registered: ‎06-18-2007

Re: What should I do? SOL has passed but collection agency is trying get paid!

[ Edited ]
I would send a letter to CRA and say *obsolete*  maybe you will  luck out & they just drop it now
 
As to the CA...you do not need to do anything!!!  SOL is past everything. they can not re-age


Message Edited by HappyDays on 07-13-2007 05:11 PM
Established Member
veerob982003
Posts: 16
Registered: ‎06-20-2007

Re: What should I do? SOL has passed but collection agency is trying get paid!

So I should just ignore the CA since the SOL in SC is only 3 years and the last date of activity was in 10/00? I will try writing the CRAs and say this account is obsolete.  Maybe it will fall off early. Please comment if I shold just ignore the letter from CA?
Moderator Emeritus
HappyDays
Posts: 7,326
Registered: ‎06-18-2007

Re: What should I do? SOL has passed but collection agency is trying get paid!

If it were me I would ignore the CA.
Frequent Contributor
Lori344
Posts: 313
Registered: ‎04-01-2007

Re: What should I do? SOL has passed but collection agency is trying get paid!

[ Edited ]


 ..... can some please send me an example of a letter to send to the CA and not the CRAs.
 
Thanks a Bunch!!


Here's one.... there are probably better out there, do a search for "DV"

 

Scumbag collection agency

PO Box 3427

Bloomington, IL 61702

888-827-6002

 

July 9, 2007

Re: your name account # 010101010

 

To whom it may concern:

 

I am in receipt of your letter dated 07/07/07. In an attempt to validate this debt, I must demand proof of this debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must correct any erroneous reports on my Trans Union, Experian, and Equifax credit reports of this past debt as mine.

I must ask you to provide the following information:

1. Please evidence your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter.
2. What is your authorization of law for your collection of information?
3. What is your authorization of law for your collection of this alleged debt?
4. Please evidence your authorization to do business or operate in this city and state.
5. Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.
6. Please provide a complete account history, including, all statements, records of all activity, payments from me, collection attempts, and any charges added for collection activity. In short, any and all documentation pertaining to the account you hold in my name.

7. Date on record in which I closed this account.

8. Date on record in which I became delinquent on this account.

 

You have thirty (30) days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter and that this matter is permanently closed. Provide the proof, or correct the record and remove this invalid debt from all sources to which you may have reported it to.

For the purposes of 15 USC 1692 et seq., this notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence
should further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

 

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

 

Violation of the Fair Credit Reporting Act

Violation of the Fair Debt Collection Practices Act

Defamation of Character



Thank you,

Your signature

your name

your address

(do not list your phone number) :smileywink:

 


Message Edited by Lori344 on 07-13-2007 11:11 PM

Message Edited by Lori344 on 08-07-2007 01:35 PM
Frequent Contributor
future
Posts: 285
Registered: ‎06-05-2007

Re: What should I do? SOL has passed but collection agency is trying get paid!



Boswd wrote:
does that mean you've made payments on the debt in '05?


no payment was made in o5

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