Help with this letter... please read

[Quest4Greatness]

....

Attention:

Either you are unwilling to communicate with this office or you are unable to fulfill your contractual obligation by providing the restitution necessary to end your breach of contract with our client.

At this time our legal department is currently performing a thorough background check on you to obtain the information we require to retify this contractual breach through litigation. Depending on the laws within your state, once Court Judgement against you is finalized, it will allow this office to obtain executions against your wages, account, home, orporperty.

Within a short period of time, depending on the turn-around time within your county or district, this process will become irreversible.

If you wish to stop this process from going any further, you must contact this office immediately.

Yours truly,

Dispurse clerk

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There's no address only PO Box. I want to send them a PFD letter because this thing has been on my report for a while and I don't want a judgement - I wan't to negotiate a 50% settlement but would rather not talk to them on the phone just in case i say anything something incorrect. I'm having trouble figuring out the SOL also. I'm just up s**t creek right now. I need help - anyone know what I should do.

[Quest4Greatness]

anyone????

[llecs]

This letter looks familiar....who is the CA?

Do you think you are within SOL? What is the DOFD? What type of account is it? Who is the OC?

Did you DV yet?

Have you received any other letters from these guys?

Is there anything else included on the letter? Balance? OC? Mention that they are collecting a debt?

Sorry for the questions, but they are important to answer.

[Anonymous]

I don't know if anyone can help you without knowing what state you incurred the debt in and when the date of final delinquency (if credit-based account) or date of service (if medical account) is!

If you can let us know that info, I'll bet you anything that you can get more guidance!!

[llecs]

To add... what state are you in and did you ever make any payments on this debt after it soured? Did you ever move after opening this account?

[Quest4Greatness]

This letter looks familiar....who is the CA? It just says Tyler & Morgan

Do you think you are within SOL? Don’t know- account charge off by OC in July 06 What is the DOFD? April 03  What type of account is it? CC Who is the OC? Bank of America

Did you DV yet? No – I tried to work about a payment arrangement with the last CA but they tried to hardball me into a one time payment and I just couldn’t do it (this was before the boards)

Have you received any other letters from these guys? This is my 1st letter from Tyler & Morgan

Is there anything else included on the letter? My name the OC and account number Balance? They claim $4020.27  Mention that they are collecting a debt? Yes- it says this at the bottom of the letter: (This correspondence is for the above mentioned parties, and the above mentioned parties only. It is unlawful to withhold this notice from its correct delivery. This is an attempt to collect a debt, and any information obtained will be used for that purpose.

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I just received a lump sum of money that I wanted to use for a PFD but the CA on my credit report is Allgate not Tyler & Morgan. I just pulled it on Friday.

In PA, tried to but never made payments after it went into CA status. Moved several times after opening this account (at least 4) I was in college at the time

Thanks  for your help

[Anonymous]

PA SoL on CCs is 4 years. You've been in the "clear" legally since 05/07.

Now, they can STILL take you to court ... SoL is just a "permissible defense." You MUST show up (if they do sue). And if you DO show up, you WILL win. If you don't show up, they win by default (although some states will allow you to vacate the judgment due to SoL).

What you CAN do is send them a letter advising that you realize that the SoL is in fact, expired and tell them to "Cease and Desist" all communications with you.

Or, if you want to get this baddie off your CRs, you can certainly negotiate a PFD. You do have leverage since they can no longer use the court system to make you pay.

Your choice.

[Quest4Greatness]

Thanks so much for the advice.

I'm still not sure what I should do- this CA is not even showing on my CR's another one is for the same debt.

 I wan't this collections off my credit report but not sure if it will help or hurt me now or who I should pursue .... CR says the Allgate collections acct won't come off til August 09

There is so much info on this board it can get overwhelming at times but I must say that I do feel empowered now.

BTW: Where would I find a sample cease and desist letter

[llecs]

Where did you open this account? (state) Was it PA?

Looks like these guys are JDBs. They buy old debt and they go great lengths to try to collect. Often, they will use intimidation to try to collect. Looks like they did so by claiming they will sue, when they have no intentions of doing so (illegal under the FDCPA). They are not a law office and if they ever say so, let us know. I checked with FL's licensing and they are current. However, they license went "inactive" in the past. Don't know exactly what that would mean to this or not. They also went a name change and a new address in the past year.

DV them using the address listed on the letterhead. Never ever call them. DVing them will prevent them from engaging in collection activities until they can validate. Also, pull your reports directly from each CRA to check and recheck the DOFD. Best way to tell is look for the removal date for Allgate (found on TU or EX) and subtract 7 yrs. That would be the DOFD as reported by the first CA. Make sure you are past 4 years from that date.

Save the letter. By law, they must tell you that you have 30 days to dispute. Looks like it is missing that.

Finally, be 100% for sure in your mind that you didn't pay a dime of this since 4/2003. Again, try to remember what state you opened BofA in. SOL may be different.

Edit to add.............Just saw Allgate's removal. Looks like DOFD would be in 2002.

Message Edited by llecs on 07-14-2008 03:00 PM

[Anonymous]

The OP shouldn't have to worry about payments reseting the SoL. PA has no provision for payments or promises in reseting SoL.

That is, of course, assuming that the CA would use that state for determining the SoL. I think they would need to since if the debt was incurred in PA and PA has no tolling statute, regardless of where the OP moved, it would stay in PA.

And yep, apparently are they not only JDBs, but they also like to make collection attempts against those currently filing BK (illegal, of course!! But the debtors don't often know that!). Overall, total creeps worthy of suing, IMO.

And yes, I've seen other sites where their victims do state that they profess themselves to be a law firm.