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Regular Contributor
Posts: 187
Registered: ‎01-25-2010
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CA trying to collect item from 2003

Should I just send them a C&D or try and get them to commit a violation just for fun?  

Moderator Emeritus
Posts: 17,409
Registered: ‎07-14-2009
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Re: CA trying to collect item from 2003

What kind of item is it? The CRTP for it may not be expired.

 

 

 

From a BK years ago to:
EX - 9/09 pulled by lender 802
EQ - 7/06-663, 3/10-800
TU - 8/10-772
You can do the same thing with hard work


Regular Contributor
Posts: 187
Registered: ‎01-25-2010
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Re: CA trying to collect item from 2003

It's a payday loan in WA.  I know, I know - I was young and dumb.   As far as I can tell it is well past SoL

Senior Contributor
Posts: 3,626
Registered: ‎10-13-2009
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Re: CA trying to collect item from 2003


tombking wrote:

It's a payday loan in WA.  I know, I know - I was young and dumb.   As far as I can tell it is well past SoL


It may well be beyond the SOL, but is it past the CRTP?

 

Even when it is past the CRTP a debt does not simply vanish and they can still attempt to collect.  You can stop most of their collection activities with a C&D, but if it is the OC that is doing the collections you need to remember that the FDCPA largely does not apply to OCs.

IAALBNYL
Community Leader
Epic Contributor
Posts: 27,049
Registered: ‎03-19-2007
0

Re: CA trying to collect item from 2003

[ Edited ]

Sending a C&D letter doesnt address the basic issue of the accuracy of the posting of the CA itself.

A DV letter can, at least until they choose to respond, give you basically the same cessation of active coillection activities.

Admin enforcement of the FDCPA  is under jurisdiction of the FTC, and the FTC rarely, if ever, takes action for indiv violations of the FDCPA.

Not something I would try to invoke.

As others have suggested, concentrate on the DOFD on the OC account, and determine the legitmacy of its inclusion in your CR.

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