CA denying they are out of SOL

[mschang]

talked to someone at northland group, inc. collecting for dsnb mavy's visa to settle. was responding to their letter offering to settle for 50%. i said i wanted to settle to just get this off of my credit report. gave them a lowball ofer since they went out of SOL in may this year.

she "talked to her manager" who rejected my offer of 30%. asked why i'm in a hurry, if i need to buy something, etc. thanks to the wisdom from these boards i said "no i'm not in a hurry i just want to get this off of my credit report" because that's what i told her when she answered the phone.

i told her she was out of SOL and she started to stutter and said no blah blah blah this is a macy's debt blah blah blah something about a mortgage blah blah blah -- she was clearly flipping through her notes and was stuck on the mortgage page. i told her "do you mean date of first delinquency?" then she said no and continued to stammer.

i told her i was going to talk to a lawyer and she gave me her direct number. i have free legal advice from my company benefits to confirm SOL but i wanted to ask here first! plus lawyers are a hassle esp. if it's at group/discount pricing (i assume).

they seem very open to PFD so i may just pay their offer... just wanted to get some feedback/opinions/advice. maybe i should write a letter in response to theirs just to get confirmation of PFD in writing? but they want my bank info and i'd rather charge it so i can dispute right away if they try to take more than they should...

i get so much helpful info from this site but some of it makes me overly paranoid!

[pizzadude]

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@mschang wrote:

talked to someone at northland group, inc. collecting for dsnb mavy's visa to settle. was responding to their letter offering to settle for 50%. i said i wanted to settle to just get this off of my credit report. gave them a lowball ofer since they went out of SOL in may this year.

she "talked to her manager" who rejected my offer of 30%. asked why i'm in a hurry, if i need to buy something, etc. thanks to the wisdom from these boards i said "no i'm not in a hurry i just want to get this off of my credit report" because that's what i told her when she answered the phone.

i told her she was out of SOL and she started to stutter and said no blah blah blah this is a macy's debt blah blah blah something about a mortgage blah blah blah -- she was clearly flipping through her notes and was stuck on the mortgage page. i told her "do you mean date of first delinquency?" then she said no and continued to stammer.

i told her i was going to talk to a lawyer and she gave me her direct number. i have free legal advice from my company benefits to confirm SOL but i wanted to ask here first! plus lawyers are a hassle esp. if it's at group/discount pricing (i assume).

they seem very open to PFD so i may just pay their offer... just wanted to get some feedback/opinions/advice. maybe i should write a letter in response to theirs just to get confirmation of PFD in writing? but they want my bank info and i'd rather charge it so i can dispute right away if they try to take more than they should...

i get so much helpful info from this site but some of it makes me overly paranoid!

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I would agree that it would be good to get the PFD offer in writing.   Also, probably you should send them a money order as opposed to giving your banking information.

CAs will come up will all kinds of outlandish statements ( often exaggerations or lies ) in order to get you to pay them.   

[RobertEG]

Expiration of SOL is not usually based on any firm date that either the creditor or the consumer can definatively determine from account records.

Only a court can rule on expiration of SOL.  For the debt collector to state that SOL has not expired would have required them to have a copy of your state SOL statute in front of them, in addition to factual knowledge of any applicable reset provisions set forth in that statute.

The same goes for the consumer.  What period applies to your type of debt, what date begins the period, has that period tolled, and are there any reset provisions based on prior payments or residency issues?

Are any of those items subject to interpretation?

[rootpooty]

My last collection insisted they needed my bank account info routing and checking number. I told them they either accept a cc payment over the phone or go pound sand. there should be no reason to provide bank account info

[mschang]

so did they end up pounding sand?

[rootpooty]

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@mschang wrote:

so did they end up pounding sand?

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lol no they called me back and told me they would accept a cc over the phone

[Booner72]

A couple weeks back I had quite an argument w/ AFNI and an AFNI supervisor about SOL.  Those dindongs think CRTP is SOL.  I'm certain you know far more about this than they do.  If you know it is past SOL in your state, then I wouldn't waste time on an attorney.  (What is the DOFD and what is the SOL for a written contract in your state?)

If it 's past SOL then it's probably close to falling off.  Either wait it out, or PFD, I haven't read of a PFD that wasn't the full amount though.   I tried to get AFNI to take 25.00 for the PFD and they laughed at me - but after explaining/yelling that they won't get ANYTHING otherwise and to take me to court because it was past SOL, i got a letter a week later saying it's removed from my reports and they are sorry for the inconvenience, and that they won't be going to court because the debt is too old.

I am pretty sure this was a cable bill from pre 2005 anyway, and they said mid 2006.  It should never have been reported.  (I had opted back in because I wanted to see what credit card offers came.  Instead of a credit card offer, within 3 weeks of opting back in, all I got was an old collection).  My fault.

GOOD LUCK!

[mschang]

california SOL is 4 years and DOFD was may 2008 so it's not falling off until 2015