10-29-2012 01:17 PM
So I get a letter in the mail from First National Collection Bureau, stating that they were trying to collect an old debt from Sprint PCS. I didn't recall the debt so I called and the people were so rude that I hung up the phone.
I then called Sprint to get some verification of the account. I gave the guy on the phone the account number that was stated on the letter from FNCB. They couldn't find records of the account. The guy then transferred me over to the fraud department and they couldn't find anything either. The lady I was speaking to asked for my social security number so she could dig deeper. I was a little hesitant but I gave it to her. She was able to pull up an old account but the account number was not the same as the account number FNCB mentioned in their collection letter.
The lady went on to tell me that the account was opened on 12 / 2 / 2004 and the last payment was recieved on 12 / 15 / 2004. She also said that the account was cancelled in 2006. Has the SOL expired on this account and if so what does that mean for me?
At this point I don't know what I should do. I want to get FNCB to stop calling me. They call me 2 or 3 times a day and Im sick of it. They are giving me a bogus account number trying to collect a debt. What can i do?
10-29-2012 01:51 PM - edited 10-29-2012 01:54 PM
I would send an immediate DV to the debt collector. The value of your DV, however, will depend upon if and when they provided dunning notice.
I presume their "letter" was a dunning notice that provided, at minimum, a statement of the asserted creditor, the amount of the asserted debt, and advised you of your DV rights.
If you send a DV within 30-days of that dunning notice, it accomplishes two basis things. First, it places an automatic cease collection bar on them, which addresses your first concern of stopping their calls. Second, it requires them, before continuing any active collection on the debt, to obtain verification of its accuracy. Having developed your own information as to the accuracy of the debt, you can use that if they should provide a statement that they have obtained verification of the accuracy of the debt. It might permit you to bring legal action against them for providing unsupported verification.
If the OC account information provided by the OC turns out to be on the account they are attempting collection, then it has most likely already passed your state statute of limitations for them to initiate any legal action on the debt, so you are probably clear of any legal proceeding. Additionally, with the last account activity of any kind being in 12/2004, that requires the DOFD on that account to have been prior to that date. As such, more than 7 years plus 180 days has passed since the DOFD, precluding any possibility of it appearing in your credit report.
Ergo, no legal action, and no credit report appearance. So they are left with nothing other than to pester you.
The DV will stop them if and until they provide a statement that they have verified the accuracy. Unlikely, but if they do so, you can then simply send them a cease communication letter under FDCPA 805(c). However, a timely DV is, in my opinion, preferable at this point, as it is more comprehensive than a cease communication letter.
10-29-2012 01:59 PM
To simplify it a bit. You have what appears to be a Zombie Debt. It's past the SOL and too old for the CRTP, meaning it can't be posted to your CR. They can still attempt to collect, an unpaid debt is still an unpaid debt. However there is little they can do besides call or send letters. Send your DV in, more than likely they will disappear. If not a simple cease and desist letter will stop them from contacting you. Good Luck.
10-29-2012 02:29 PM
Hey guys thanks for the input. I have been pretty nervous since they started calling in fear of them reporting a negative account on my credit report. Im in the middle of a mortgage loan and Im due to close within the next 3 weeks and I dont need no surprises before closing.
10-29-2012 04:50 PM
myFICO is the consumer division of FICO. Since its introduction 20 years ago, the FICO® Score has become a global standard for measuring credit risk in the banking, mortgage, credit card, auto and retail industries. 90 of the top 100 largest U.S. financial institutions use the FICO Score to make consumer credit decisions.>> About myFICO