How do you invoke SOL without admitting debt?

[Jax26]

So here is the deal - I have a charge off with MBNA (which became BOA on my credit report) and the DOFD is listed (and verified by the CRA) as 07/26/2004. The account was purchased by Calvary in 02/2009. I have never been contacted by Calvary so would have done nothing to reage the debt. They are listing the DOFD as 07/04/2006 (I guess b/c there is a 7, 4, 2 and 6 in their number they can claim it as admin error). I disputed it through the CRAs and they came back unchanged. So then I called and talked to a person at the Experian and walked them through everything - they resubmitted the dispute with the explanation I listed above. 

While all this was happening, I had DVed Calvary and never got a response. Then a letter shows up from a Shindler Law Firm saying that they have been retained by Calvary to collect a debt. I DVed them and Calvary (again) informing them of my original DV and advised them they were in violation since they never responded to the original DV. So now I'm just waiting to see what this "law office" is going to do. SOL in Illinois on open accounts is 5 years so it would have expired in 07/2009 based on the OC DOFD but would be still valid until 07/2011 based on their BS DOFD. 

So my question is A) how do I advise them that the debt is time-barred without admitting the debt and B) how do I prove that they reaged the account illegitimately if they continue to lie about it after the second dispute?

[MarineVietVet]

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@Jax26 wrote:

So here is the deal - I have a charge off with MBNA (which became BOA on my credit report) and the DOFD is listed (and verified by the CRA) as 07/26/2004. The account was purchased by Calvary in 02/2009. I have never been contacted by Calvary so would have done nothing to reage the debt. They are listing the DOFD as 07/04/2006 (I guess b/c there is a 7, 4, 2 and 6 in their number they can claim it as admin error). I disputed it through the CRAs and they came back unchanged. So then I called and talked to a person at the Experian and walked them through everything - they resubmitted the dispute with the explanation I listed above. 

While all this was happening, I had DVed Calvary and never got a response. They are not required to respond in any way unless you are in Texas. They just can't continue collection efforts until they do respond. It looks like they may have sold the account to Shindler because they could not validate which is also legal but Shindler doesn't have to respond to the DV either.

Then a letter shows up from a Shindler Law Firm saying that they have been retained by Calvary to collect a debt. I DVed them and Calvary (again) informing them of my original DV and advised them they were in violation since they never responded to the original DV. Unfortunately there is no violation.

So now I'm just waiting to see what this "law office" is going to do. SOL in Illinois on open accounts is 5 years so it would have expired in 07/2009 based on the OC DOFD but would be still valid until 07/2011 based on their BS DOFD. 

So my question is A) how do I advise them that the debt is time-barred without admitting the debt and B) how do I prove that they reaged the account illegitimately if they continue to lie about it after the second dispute? Wait to hear from Shindler. If they can't validate they have to delete. I would also go back through my records (call BoA if you have to and confirm with them the DOFD). This date is set by the OC and cannot be changed by anyone.

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[Jax26]

Yeah I knew that they didn't have to respond to the DV but when they have never even sent a dunning letter and I am disputing the debt, I thought that they had to stop collection activity - in the letter I said something like: 

If you are an assignee of Calvary Portfolio and attempting to collect a debt on their behalf, then you are in violation of the Fair Debt Collections Practices Act, § 809 5b which prohibits the active collection of a debt that has been disputed until validation is provided as outlined in § 809. If you are the owner of this disputed debt then you are subject to same validation request that was made to Calvary on 03/05/2010.

Shindler sent the letter to an address that I hadn't lived at in over 4 years. 

I don't think they sold it b/c they update my reports in April  which would have been after they received the letter - but they may have. 

I called BOA and they found the account, confirmed that I had it but had no account history since it had been so long and also since the buyout of MBNA happened in the mean time. All 3 bureaus have the DOFD (or DOLA for EQ) as 07/2004. As far as records, I don't have any b/c it was in the middle of a divorce (which is why the CO happened)

[MarineVietVet]

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@Jax26 wrote:

Yeah I knew that they didn't have to respond to the DV but when they have never even sent a dunning letter and I am disputing the debt, I thought that they had to stop collection activity - in the letter I said something like: What actions did they take after you sent the DV?

If you are an assignee of Calvary Portfolio and attempting to collect a debt on their behalf, then you are in violation of the Fair Debt Collections Practices Act, § 809 5b which prohibits the active collection of a debt that has been disputed until validation is provided as outlined in § 809. If you are the owner of this disputed debt then you are subject to same validation request that was made to Calvary on 03/05/2010.

Shindler sent the letter to an address that I hadn't lived at in over 4 years. 

I don't think they sold it b/c they update my reports in April  which would have been after they received the letter - but they may have. I believe only one CA can report this account but I could be wrong about that.

I called BOA and they found the account, confirmed that I had it but had no account history since it had been so long and also since the buyout of MBNA happened in the mean time. All 3 bureaus have the DOFD (or DOLA for EQ) as 07/2004. As far as records, I don't have any b/c it was in the middle of a divorce (which is why the CO happened) You are outside the SOL so you don't have to worry about a lawsuit. They could still sue you but you have a defense that it is not within the SOL. I would wait and see what happens next.

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[Jax26]

I guess I considered retaining a "law firm" who then sent me a letter stating "this is an attempt to collect a debt" as well as continuing to update the information with CRAs as active debt collections. Probably wrong though - 

Yep - only one can report. Shindler isn't on there and their letter was more of a dunning letter (you have 30 days to dispute otherwise valid) than an intent to sue letter. 

The only thing that worries me is that I live in Tennessee which has a 6 SOL so that wouldn't expire until July of this year. I doubt that they would want to travel down here just to sue for $1500 but who knows. Now that I've DVed Shindler, they can't do anything (including sue) until the verify

[Anonymous]

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@Jax26 wrote:

I guess I considered retaining a "law firm" who then sent me a letter stating "this is an attempt to collect a debt" as well as continuing to update the information with CRAs as active debt collections. Probably wrong though - 

Yep - only one can report. Shindler isn't on there and their letter was more of a dunning letter (you have 30 days to dispute otherwise valid) than an intent to sue letter. 

The only thing that worries me is that I live in Tennessee which has a 6 SOL so that wouldn't expire until July of this year. I doubt that they would want to travel down here just to sue for $1500 but who knows. Now that I've DVed Shindler, they can't do anything (including sue) until the verify

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Not entirely true unless the attorney is regularly engaged in the collection of debts.  If only a very small percentage of the firms work is for debt collectors, they have no obligation to DV and can sue you with impunity.

[Jax26]

They are registered as a collection agency with the Illinois Department of Professional Regulation. Plus I think that it's covered under Spears v Brennan

[Anonymous]

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@Jax26 wrote:

They are registered as a collection agency with the Illinois Department of Professional Regulation. Plus I think that it's covered under Spears v Brennan

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If they are registered as a collection agent, then that might suggest they are regularly engaged in debt collection.  But I don't see where Spears v Brennan is relevant here.

[RobertEG]

Legal proofs and SOL are matters before the court, and are not covered fully under either the FCRA of FDCPA.

IF they bring legal action, you can just rely on your absolute affirmative defense of expiration of SOL.  But you will never get them to concede to any SOL matters until it is before the court.  Their view of when SOL expires may be different from yours, and they wont provide you your legal defense before the you raise it in court.

If you go to court, you then have legal avenues not available undr the FCRA or FDCPA. 

For example, if you previously sent a DV letter to which a CA did not respond, once in court, you can compel response in even greater  detail under the court-orderd discovery process.  State licensing of a CA can be raised under violation of state law, not federal law. Whether the attorney is considered a CA under state law.  All legit issues at court that compel responses.

There is no way that your invoking of an SOL defense is ever a legal admission of anything.  It is just a five-word statement, accompanied by proof, that :"The state SOL has expired."