Interest still being added to a time barred account?

[Anonymous]

Pinnacle Credit Services purchased my account from Bank Of America back in '08, I believe. Last payment made to BOA was 12-1-06. I have never even dealt with Pinnacle. The closest I came to dealing with them was when they hired a shady company to collect from me a about a year ago. I sent them a DV letter, never heard back from that company. I was wondering about the whole charge off thing. No where can I find an actual time frame where they are required to charge off, the wording is so vague. So, can Pinnacle keep this account listed as "open" & keep charging anywhere from $150-$300+ a month in interest (the dollar amount varies from month to month, which is odd that it can go from one month, $300, to the next, only $168)? I'm sending them a DV letter this week, I have it all ready to go, just have to make it to the post office. I've also disputed the incorrect facts repeatedly with the cb's, & they always come back "verified". Very frustrating. They have more than doubled the amount they say I owe since they have taken on the account. Any help/advice would be greatly appreciated.

[RobertEG]

Your touchstone for determining whether what they are attempting to collect is permissible is FDCPA 808(1), which states that it is a violation of the FDCPA for them to attempt to collection any amount, including any interest, fees, etc.,  that is either not specifically authorized in the account agreement that created the debt, or is otherwise permitted by law.

With that as your guide, carefully review your original account agreement with the OC, and determine whether it lists any charges that may be collected for delinquent debts.

If any charges they are attempting to collect are not specifically listed in that agreement, then you must determine whether your state provides any statute that permits a debt collector to attempt to collect any amount above that specifically listed in the account agreement creating the debt.

If they have not yet provided an itemization of their asserted charges, be sure to request that in your DV letter so that you have a basis for determiing their compliance with section 808(1).