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Hello all.
In the state of FL, recently got a letter from Convergant Solutions trying to collect on an old debt (store credit card) from 2003. They are trying to collect this debt for Assest Recovery Solutions. (Not the original creditior). The original account was in 2002 with original creditor . I am at a lost of what to do. It is currently off my credit reports, but they are threatning me into a settlement offer. They also state if I do not respond they will consider this an accurate debt. (Assuming they will pt back on my report.)
However, older credit reports I have kept on file from other bureaus show the 2002 date, and just noticed another bureau as having a reaged date of 2009. In all honesty, the date of last activity was in 2002 and the account was closed in 2003.
Questions to be answered:
Should I send a debt verification letter even though I know the debt and its 10 years old?
Should I ignore it since its 10 years old?
Can they put this back on my credit report?
I have no baddies on my report and would like to keep it as such . Please advise on what's the next step to take ..........
Thanks
Ali
I'm no expert on how the federal law is written but I am almost 100% sure that once the 7.5 year mark from the date of first deliquency passes the debt cannot be reinserted into your credit report. Also, in your current position depending if you want to pay the debt or not. If you want to pay it then pay it but if you don't send the collector a cease and distist letter and they will go away. You are very safe from this 10 year old debt and have nothing to worry about.
please mind the errors sent from galaxy s 5.
Send them a cease and desist letter that u dont ever want to be contacted again.
If they are dumb enough to threaten lawsuit or actually do it, you can sue them for FDCPA violations.
This is long past your states SOL for successful lawsuit activity, in FL its 4 yrs from the DOFD, it is also past CRTP, this is Zombie debt and I would respond to it with a FOAD letter. A JDB can attempt to collect forever they just cannot get a judgment should you use the SOL as a defense....
Thankyou...
@Timbrooks08 wrote:I'm no expert on how the federal law is written but I am almost 100% sure that once the 7.5 year mark from the date of first deliquency passes the debt cannot be reinserted into your credit report. Also, in your current position depending if you want to pay the debt or not. If you want to pay it then pay it but if you don't send the collector a cease and distist letter and they will go away. You are very safe from this 10 year old debt and have nothing to worry about.
please mind the errors sent from galaxy s 5.
Thanks for your reply
@wa3more wrote:Send them a cease and desist letter that u dont ever want to be contacted again.
If they are dumb enough to threaten lawsuit or actually do it, you can sue them for FDCPA violations.
Thanks... if posible can you send me some details on a FOAD letter. I am just so frustrated because I finally get my credit clean and score in the high 700's and feel like these people are trying to ruin it .
@gdale6 wrote:This is long past your states SOL for successful lawsuit activity, in FL its 4 yrs from the DOFD, it is also past CRTP, this is Zombie debt and I would respond to it with a FOAD letter. A JDB can attempt to collect forever they just cannot get a judgment should you use the SOL as a defense....
something like this :
Dear collector
This is regards to your letter on (date)(I always include a copy as well)
This letter is to save us a great deal of time by telling you this debt is out of the statute of limitations in the state of (whereever you live) Please cease all communication at this time other then to inform me you are stopping your collection efforts.. I consider this matter closed from this point forward.
sincerely
YOU
Keep it short.
If you do not mind me asking, was the CRA that reaged to 2009 Experian?
Aleecat wrote: ... The original account was in 2002 with original creditor ... just noticed another bureau as having a reaged date of 2009...Please advise on what's the next step to take
Not sure what you mean by "another bureau." Is it on your report, or not?
As far as how to respond; I've used a modified DV letter referencing the fact that it was past SOL, which took care of it in both cases. Here's some information on DV:
http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/Debt-Validation/m-p/7133
One more thing; if you find a lack of response to your posts, it may be a font size and color issue. Here is a link to one of many commentaries on that:
http://www.netmanners.com/48/is-this-shouting-too/
Good luck!