ER Solutions

[SeanAndrews]

I have been getting consistent calls from ER Solutions over a 6yr old overfraft balance owed to a bank, The total amount is around $100. I cannot believe how much effort they are putting into getting in touch with me, The  last voicemail I got said something about if you don't press a certain number in the next few seconds and continue to listen, then I am admitting to being the person they are asking for. lol.

I have had less contact from other CA's over many thousand dollar bills than I have with this tiny amount. Needless to say, they are getting a cease and desist letter. You would think all their calls add up in cost over time to them, and they would just stop on their own after a while. I guess they havent thought that far ahead. I hear pretty negative things about this CA.

[LIGHTNIN]

No one said CA's were smart.

[RobertEG]

If the debt is outside of SOL, which is apparently the case, then a cease communications letter would probably be your best bet. 

Their effort is probably due to the fact that they have nothing else left to rely upon to pressure you into payment.

[SeanAndrews]

I don't know if it is out of SOL yet, I'd have to do some research, but perhaps it is. The debt originated in PA just as I was moving to VA in 2005. It's not even on my credit report so I can't really tell what they would report as the DOFD.

I forgot to also add that the CA's have reached new levels now and somehow spoof their phone number so it appears like it is coming locally, and I'm sure the intention is to get people to answer moreso than if they saw an 800 or out of state number come up.

[RobertEG]

If neither the OC nor the debt collector have reported to your CR, then you cannot address this issue through the FCRA, such as by way of a dispute.

No reporting to dispute.

I would suggest that you read your VA state SOL for the type of debt involved, and determine its SOL status.  The SOL used in any legal proceeding will be that of the jurisdiction in which the trial is held, which will most likely be your current state of residency. However, a debt collector has the statutory right to bring legal action in either the state where the contract was signed, or your current state of residence. 

[SeanAndrews]

I can still send them a cease and desist telephone contact letter though, correct? and they would have to comply?

[LIGHTNIN]

Sending a C and D letter will only stop phone calls from that specific CA. It will not stop them from selling the debt to another CA, to only have the phone calls to start over again.  Best thing to do is...... get an answering machine and monitor your incoming calls. It works for me

[SeanAndrews]

I already have callerID and will not answer a number I do not know, even if it appears local. Would they even bother to try and sell a debt that is past SOL? If so, do these sorts of debts just keep going on basically forever?

[LIGHTNIN]

Yes the CA's can keep selling the debt over and over again.

It doesn't matter, if the debt is passed SOL, they think....... if they keep bothering you, that you will eventually  pay it.

On debts that are passed the SOL and already dropped off the CR, the CA's  will accept to take 60 or 70% off the current balance,sometimes even 80%.IMO, that brings the balance down, somewhere close to the original amount that was owed in the first place.

Just remember if settling for less then the full amount, make sure the agreement says something like.."considered Paid in full", so the CA doesn't come back looking to collect the difference.

Oh and BTW, if the CA tries to sue on a debt that is Passed SOL....... use Passed SOL as a defense. Good Luck to You!

[SeanAndrews]

This debt never even made it to my CR when it was in SOL. I guess it's just confusing how to handle this one, if they have no legal right to collect on it, then why do I bother even wanting to pay for it - is the only advantage to get the current and any future CA off my back?