cancel
Showing results for 
Search instead for 
Did you mean: 

Collection on OLD debt: Request validation or notify of expired SOL/cease and desist?

tag
907grown
Established Contributor

Re: Collection on OLD debt: Request validation or notify of expired SOL/cease and desist?

They must have done a mass mailing because I got one too! At the bottom it says LVNV( the first CA) cannot and will not sue you because it is out of SOL, it also states this cannot be reported on your CR. my first thought was DV too, but when I read that I thought maybe I should leave well enough alone... The OC was sears, debt from 1999 or 2000. It's been off my CR for years, I'm afraid to if I contact them or pay 10% somehow the collection will reappear... Thoughts?


Starting Score: 460
Current Score: EQ 764, TU 764, EX 740,
BOA AK AIR 30,000, Discover IT 6300, Freedom 25,300, Barclays RMC 15,660, Ring 15,000, BCE 15,000, QS17,000,AARP 15,000, ChaseFU 8,000,AND A LOT MORE!
Message 11 of 18
Shogun
Moderator Emeritus

Re: Collection on OLD debt: Request validation or notify of expired SOL/cease and desist?


@azguy13 wrote:

@Shogun wrote:

You have received some really good information.  I will just reinterate some things.  You have an alleged debt they say you owe.  It's obviously old and in the hands of a CA.  As RobertEG said, you should first send a DV, it's a powerful tool when used correctly.  More than likely, you will not hear back from them once sent.  But you must be careful, these old debts that have passed the SOL and CRTP tend to attract the "bottom feeders".


Hey Shogun, maybe the OP should send a FOAD letter when its all said and done.

 

Ive been waiting to use that Smiley Very Happy

 

 

****edited for my spelling skills****


LOL... yes,, and that's exactly who they're for.  Smiley Happy

Starting Score: 504
July 2013 score:
EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!

June 2017 update: All scores over 820, just pure gardening now.
Message 12 of 18
Lterhecbaorr
New Member

Re: Collection on OLD debt: Request validation or notify of expired SOL/cease and desist?

I had to look up FOAD... Cute. 

 

Unlike the letter of a previous poster, this one didn't say anything about not being able to sue due to SOL but I'm sure they're just hoping to find people who don't know their rights as there is absolutely no way this is within the SOL. Sounds like they're seriously fishing through old files. This one says he has 30 days to respond or they will consider the debt valid, but in doing a bit more research I have my doubts of the legality of that claim as well, this was not sent certified mail. They also didn't include their license number, which I'll be requesting in the validation letter. 

 

We'll be sending out a validation letter next week and go from there. I came across a recommendation somewhere else to order certified mail receipts from the USPS site prior to sending so you can reference the tracking number in the body of the letter, will probably be doing that too. 

 

Thanks for the responses, much appreciated. 

Message 13 of 18
guiness56
Epic Contributor

Re: Collection on OLD debt: Request validation or notify of expired SOL/cease and desist?


@Lterhecbaorr wrote:

I had to look up FOAD... Cute. 

 

Unlike the letter of a previous poster, this one didn't say anything about not being able to sue due to SOL but I'm sure they're just hoping to find people who don't know their rights as there is absolutely no way this is within the SOL. Sounds like they're seriously fishing through old files. This one says he has 30 days to respond or they will consider the debt valid, but in doing a bit more research I have my doubts of the legality of that claim as well, this was not sent certified mail. They also didn't include their license number, which I'll be requesting in the validation letter. 

 

We'll be sending out a validation letter next week and go from there. I came across a recommendation somewhere else to order certified mail receipts from the USPS site prior to sending so you can reference the tracking number in the body of the letter, will probably be doing that too. 

 

Thanks for the responses, much appreciated. 


It is true that for a DV to be considered timely, you must send it within 30 days or the debt will be considered valid.  Straight out of the FDCPA.

 

They do not have to include their license number, nor are they required to give it to you if you ask.

Yes, send your DV CMRRR for a paper trail.

Message 14 of 18
Underconstruction
Established Member

Re: Collection on OLD debt: Request validation or notify of expired SOL/cease and desist?

I wish there were a "like" button on these forums like facebook, but this will have to work! just what i was looking for! Thanks!

Message 15 of 18
guiness56
Epic Contributor

Re: Collection on OLD debt: Request validation or notify of expired SOL/cease and desist?


@nyankovic wrote:
They must have done a mass mailing because I got one too! At the bottom it says LVNV( the first CA) cannot and will not sue you because it is out of SOL, it also states this cannot be reported on your CR. my first thought was DV too, but when I read that I thought maybe I should leave well enough alone... The OC was sears, debt from 1999 or 2000. It's been off my CR for years, I'm afraid to if I contact them or pay 10% somehow the collection will reappear... Thoughts?

Once it is past the CRTP it cannot be reported again legally.  If they did report it and knew it was beyond the CRTP they would be in trouble.

Message 16 of 18
RobertEG
Legendary Contributor

Re: Collection on OLD debt: Request validation or notify of expired SOL/cease and desist?

They could still report to a CRA.  The FCRA does not prohbit a party from reporting information to a CRA based on expiration of a credit report exclusion period.

The prohibition is against the CRA including any reporting that has passed its CR exclusion period in any credit report they issue.

In some rare cases, there may not even be a CR exclusion period, as defined under FCRA 605(c), and thus any reporting could be included.  A furnisher has no way of determining if a CR exclusion will apply to their information, and is not precluded from reporting based on that consideration.

 

When a debt collector reports to a CRA, they are required to provide the CRA with the DOFD on the OC account within 90 days after reporting.

Violation of the FCRA would occur if they provide an inaccurate DOFD in order to get their collection posted to the consumer's credit report.

 

Message 17 of 18
Lterhecbaorr
New Member

Re: Collection on OLD debt: Request validation or notify of expired SOL/cease and desist?

Quick update: Per the advice I received here and by researching in the rest of the forums, I sent a fairly brief DV letter.

 

In the letter I did specifically request documentation from the original creditor including the first date of delinquency, documentation of the original principal balance with an itemized list of fees, interest charges and penalities, and the surety bond information for the collection agency as required by the state we live in (I realize it's likely they are not required to submit that last part but figured it couldn't hurt to include).

 

I mailed it certified return receipt last Saturday, they received it on Tuesday and my husband got a letter today stating they had closed the account and returned it to Cavalry. I'm guessing this means Cavalry will likely send it on to another agency at some point, but I feel like we at least now have some tools to deal with that when it happens. Thanks all for the advice/input. 

Message 18 of 18
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.