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Established Member
750hunting
Posts: 15
Registered: ‎06-23-2012
0

Aggressive CA attempting to collect on past DOFD and past SOL. Help Please!

Hello All,

 

First I would like to say thank you. I have been reading myFICO posts for the last 5 months and as a result my credit scores have gone from the low 500s to the low and mid 600s. Now, I have recently ran into an issue that I have not found enough information on the boards to confidently handle without some suggestions. Please help. Out of the blue a collection agency named CreditSmart has been calling my business issued cellphone, literally, 6 times a day in attempt to collect a bill that 1. Is past the SOL in California  2. Is past the DOFD (I think, close to if not. I have not seen it on either CR since I have become responsible for my credit). Upon speaking with their rep I requested a DV letter. I did receive a letter but I don't believe it qualifies as a DV. The letter states OC, amount they are attempting to collect (no where do I see OC billed amount)  and settlement options on the bottom portion of the letter. Because I have learned so much from the boards (thanks again) when I found out they were in New York I began researching NY laws governing CA. According to nyc.gov/consumers they have violated all of the following laws:

 

Debt collection

agencies must include their DCA [Department of Consumer Affairs] license number in all letters sent

to you. [No such number appears on letter received, though I am not sure if this pertains to me  because I reside in California]

 

Validation must include:
• the name of the original creditor
• the amount of the debt
• information about your right to dispute the debt [ Letter I received did not include this information]
The debt collection agency must send you validation within five (5) days
of contacting you. [Was not dated or post dated within 5 days of conversation or their first attempt to reach me by phone]

 

Verification must include: [ I specifically requested a DV and stated that they must do so before I may speak with them regarding this bill. I have not received any letter that resembles such but still receive 6 calls/messages a day].
• a document from the original creditor that shows you made the
purchase and owe the debt
• a copy of the final account statement from the original creditor AND
a document that lists:
» the total principal amount you owe (The principal may be
either the original amount borrowed OR the part of the
amount borrowed that remains unpaid minus any charges or fees.)
» each additional charge or fee you owe that separately lists:
* the total for each charge or fee and the date each was incurred
* description of why you must pay the additional charge or fee
Once you request verification, a debt collection agency may not contact
you to collect the debt until it sends you verification. 

 

If the statute of limitations on the debt is expired,  [Violated , this information is no where on the letter received]

the collector must disclose this information to you, along with
information about your legal rights. The statute of limitations is the
period of time that a creditor or collector can sue you in court to collect
the debt.
If the statute of limitations expired, by law, the collector must include in
the collection letter the following statement in at least 12 point type and
in a color different from other text:

“WE ARE REQUIRED BY LAW TO GIVE YOU THE FOLLOWING
INFORMATION ABOUT THIS DEBT. The legal time limit (statute of
limitations) for suing you to collect this debt has expired. However, if
somebody sues you anyway to try to make you pay this debt, court
rules REQUIRE YOU to tell the court that the statute of limitations has
expired to prevent the creditor from obtaining a judgment. Even though
the statute of limitations has expired, you may CHOOSE to make payments.
However, BE AWARE: if you make a payment, the creditor’s
right to sue you to make you pay the entire debt may START AGAIN.”

 

 

A debt collection agency may not: [All of the following have been violated]

• claim the debt owed is greater than it is

• claim you can be sued if the statute of limitations expired

• call you before 8 AM or after 9 PM or more than twice a week if the

collector has made contact with you

• contact your employer, family, friends, and neighbors for any reason
other than to locate you. Collectors cannot discuss the alleged
debt with anyone other than you. [ I continue to receive calls on phone I have told them is work issued. The messages they leave state to the effect of: this call is for (my name) regarding a bill and call them back to stop collection efforts. My voicemail also states clearly they have reached my line @ ABC company, etc.]

 

So now that you get the gist without further adieu, here are my questions:

 

If I send them a cease and desist letter (Is that the letter that I should send?) should I threaten to sue? Or that I will make a formal complaint with NY DCA, or FTC? Or include all of them?

Should I include all of the list above of violations or just make a general statement  that they have violated several laws governing them.

Do I need to do more research and find the title and code etc of each law violated and include that information in letter?

Should the cease and desist letter stop them from further contacting me (on my work phone, most importantly) and prevent them from putting this bill on my CRs?

 

Thanks so much for any assistance you may provide me.

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Regular Contributor
acrylic51
Posts: 131
Registered: ‎08-05-2012
0

Re: Aggressive CA attempting to collect on past DOFD and past SOL. Help Please!

First question is what is the DOFD......If it's past SOL, I'd send a them a letter stating no phone contact, only communication will be through writing.  


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Moderator
Shogun
Posts: 12,952
Registered: ‎04-15-2011
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Re: Aggressive CA attempting to collect on past DOFD and past SOL. Help Please!


acrylic51 wrote:

First question is what is the DOFD......If it's past SOL, I'd send a them a letter stating no phone contact, only communication will be through writing.  


There is no way to bar them from a specific point of contact.  You can send them a cease and desist letter to stop all contact, however I don't think you can seclude them from just writing.


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Valued Member
jeffriesde
Posts: 29
Registered: ‎04-30-2010
0

Re: Aggressive CA attempting to collect on past DOFD and past SOL. Help Please!

One thing you need to do is find out what the laws are regarding where you live and where the debt was originally incured.  Not where the debt collector is from.  If the debt was incured in California then those are the laws they must abide by.  In some cases if you have moved to another state then the laws where you currently reside could come into play.

 

If the debt is past SOL for California (looks like 4 yrs) then you can just send them a cease and desist letter stating that this is past the SOL.  If they try to sue you, just show up and show the judge that it is past the SOL.

 

Most likely they are a JDB that bought the debt for pennies and are hoping that they can pressure you into sending them any type of money.  A cease and desist should get rid of them as long as the SOL is truly in effect.

 

As always YMMV.


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Established Member
750hunting
Posts: 15
Registered: ‎06-23-2012
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Re: Aggressive CA attempting to collect on past DOFD and past SOL. Help Please!

Thank you,

 

I will send the cease and desist letter. The debt is certainly past SOL. It's the DOFD I am not sure of. I believe the first date of deliquency was in '05 but could have been '06. I do know that I haven't seen it on any of my reports since I started watching them in April of this year. Anywho, I just want them to stop calling my phone so I'll give it a try.

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Moderator
Shogun
Posts: 12,952
Registered: ‎04-15-2011
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Re: Aggressive CA attempting to collect on past DOFD and past SOL. Help Please!


750hunting wrote:

Thank you,

 

I will send the cease and desist letter. The debt is certainly past SOL. It's the DOFD I am not sure of. I believe the first date of deliquency was in '05 but could have been '06. I do know that I haven't seen it on any of my reports since I started watching them in April of this year. Anywho, I just want them to stop calling my phone so I'll give it a try.


According to your post, the DOFD of 05 or 06 means this debt is either on Life Support, or is already a Zombie debt.  This means it is past the SOL and either near the end of the CRTP or past it.  


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Established Member
750hunting
Posts: 15
Registered: ‎06-23-2012
0

Re: Aggressive CA attempting to collect on past DOFD and past SOL. Help Please!


jeffriesde wrote:

 

If the debt is past SOL for California (looks like 4 yrs) then you can just send them a cease and desist letter stating that this is past the SOL.  If they try to sue you, just show up and show the judge that it is past the SOL.

 

Most likely they are a JDB that bought the debt for pennies and are hoping that they can pressure you into sending them any type of money.  A cease and desist should get rid of them as long as the SOL is truly in effect.

 

As always YMMV.


+1  I did send the letter and I have not heard a peep from them anymore.

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Contributor
diabla
Posts: 230
Registered: ‎10-01-2012
0

Re: Aggressive CA attempting to collect on past DOFD and past SOL. Help Please!


750hunting wrote:

+1  I did send the letter and I have not heard a peep from them anymore.


Great!  They hate educated consumers!  Just keep an eye on your reports just in case.

Regular Contributor
vabound
Posts: 147
Registered: ‎03-21-2012
0

Re: Aggressive CA attempting to collect on past DOFD and past SOL. Help Please!

I am glad I saw this thread....my husband has been receiving calls from some ca trying to collect a debt that aged off of his credit report in 2010.  We are in PA and I beleive the SOL is 3 or 4 years and the DOFD was in 2003.  The tried to ask him to verify the debt and give them the last four of his ss#...he  basically told him to kick rocks.  I guess it's time to send a cease and desist.  We are closing on a home in 30 days so I want to make sure they steer clear of his credit reports.

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RobertEG
Posts: 18,442
Registered: ‎03-19-2007
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Re: Aggressive CA attempting to collect on past DOFD and past SOL. Help Please!

[ Edited ]

In my opiion, a cease communication letter under FDCPA 805(c) is neither the first or best way to address debt collectors calling on a debt if you take action within your DV rights period.

Cease communications letters are restricted only to contacts with the consumer, not to third parties, or to other collection activities, such as reporting their collection to the CRAs,

 

A debt validation letter, if timely, serves the cease communication issue, and additionally bars all other collection on the debt until verification is provided.

No calling others, no credit reporting, etc. Particulary wrt old debt, verification may be difficult, and may end the matter.

 

If they do provide debt verification, then you can send a cease communication letter if you feel the debt is time barred from credit reporting and/or legal action.

 

 


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