Bad form to mention SOL in a PFD letter?

[bahbahd]

Is it a bad idea to mention SOL in the It the last paragraph in my PDF letter?

If we cannot come to this agreement and settle this matter now, as a Texas resident, I will exercise my rights under the Texas Finance Code to, at any time, request full validation on the inaccuracies of this debt. This account shows *** 2007 as the reported date of first delinquency with an estimated removal date of *** 2014. While I prefer to reach an agreement, the statute of limitations in Texas has already passed and I would be just as content to let this account naturally fall off my credit reports.

[bodybuilder510]

I'm sure the creditor knows they can not sue due to age of debt. Pfd is good enough.

[RobertEG]

There is a legitimate reason to leave it in.  Federal court decisions have held that once a debt collector knows, or should reasonably have known, that the debt is beyond SOL, then the bringing of legal action on their part is a violation of the FDCPA.  Notice could support a later allegation of their reasonable knowledge.

However, that approach focuses on possible future litigation.  In my opinion, it does not foster an atmosphere of good-will in their consideration of your offer.  Same for the "threat" to invoke the Texas debt collection statute.  You have the right, and it might not serve a useful purpose to reinterate it.

Your choice. 

[JohnPTEX]

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RobertEG wrote: 

In my opinion, it does not foster an atmosphere of good-will in their consideration of your offer.  Same for the "threat" to invoke the Texas debt collection statute.  You have the right, and it might not serve a useful purpose to reinterate it.

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+1 - their response might as well be, "We are just fine attempting to collect on for the next two years!"  I've found the best approach is to state the letter in terms of it being mutually beneficial to both parties - as RobertEG so aptly put it, you want to foster an atmosphere of "good will"

[Duncanrr]

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@JohnPTEX wrote:

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RobertEG wrote: 

In my opinion, it does not foster an atmosphere of good-will in their consideration of your offer.  Same for the "threat" to invoke the Texas debt collection statute.  You have the right, and it might not serve a useful purpose to reinterate it.

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+1 - their response might as well be, "We are just fine attempting to collect on for the next two years!"  I've found the best approach is to state the letter in terms of it being mutually beneficial to both parties - as RobertEG so aptly put it, you want to foster an atmosphere of "good will"

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I disagree.  GW you are trying to foster a nice pleasant atmosphere.  PFD is a business decision and SOL's need to be factored in that analysis.  I used SOL as a leverage tool in phone discussions with CA on two occassions and got PFD in both.  You have to be willing for them to tell you to take a hike and live with CA on CR for the last couple years if you pull that card.  I used it after several PFD requests were ignored.  I wouldnt recommend using that as your starting position.

[bahbahd]

Well, I let if in on three letters with two companies. I only have three CA accounts that are are CC releated. All with very low balances. I will report back what responses I get and from whom.