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I'm sure this is the oldest question in the world, and I apologize in advance for asking it for what's likely the millionth time, but my search of the forums didn't quite find this scenario.
I had a student credit card ~20 years ago with Capital One. That card went into collections and I eventually paid it off post-charge off. Again, this was about 20 years ago and I no longer have the records. I kept them for about ten years and called it good and shredded.
Last night, I received a letter from a collections agency that was set up to look like an offer of settlement, stating I owed Cap One $2k and they'd be willing to settle for 20%, or $400 and change. To me, this type of letter is a red flag anyway, but add to it that they addressed it to my previous name (which was changed 5.5 years ago) and also used my current address, which is a house I own, but they added an apartment number from an apt where I lived 12-13 years ago. Those two items on the envelope were what put me on alert in the first place.
My question is this: Do I even bother with a DV letter since it's so far out of SOL? My inclination is that I ignore these jokers. If they were a valid collector, they'd have my current address and name correct, and they'd have sent me a demand for the full amount rather than an attempt to scare me into settling as a first attempt at contact.
Is my inclination correct here, or do I need to DV them? I'd hate to accidentally re-age this thing when I have no proof that I paid it off in 1997-1998.
Thanks!
I would research the name and contact info of the supposed CA. If it is valid I would send them a FOAD letter.
Expiration of SOL does not preclude their continued attempts to collect on the debt.
If you send a DV within 30 days of their dunning notice, it invokes an automatic cease collection bar on them until such time as they provide verification.
That includes communications with you as well as any credit reporting or credit inquiries.
It is much more comprehensive than a cease communication letter, which is sent under the provisions of FDCAP 805(c), and only thereafter prevenets them from communicating with you. There is no provision for sending the debt collector a cease and desist order relating to their legitimate collection practices other than sending a timely DV.
Yes, send a DV. If they veridy, you can then therafter block calls and letters to you by sending a cease communication letter under FDCPA 805(c).
No need to do that unless and until their total cease collection bar is termianted based on their providing validation.
You will still, if they validate, have the issue of their continued collection practices other than calls to you, such as credit report inquiries.
To cease all collection after verification would require payment of the debt.
@Galaim wrote:
Thank you. As stated in the original post, it's not a valid debt. It was paid to the OC nearly 20 years ago. I'll send a DV, as there's no way they can validate it.
Whoops, I did NOT intend to sound snarky or short in that response. I apologize if it came across that way at all.
I really appreciate the various advice I've gotten here. You all have an incredible amount of knowledge. I have some, but continue to learn. Thanks for being willing to share.
Snarky!!!! One of my favorite words! Yes, this is a CA that's trolling for anything they can find. Like RobertEG said, send the DV. They'll most likely not respond to it.
@Shogun wrote:
Snarky!!!! One of my favorite words! Yes, this is a CA that's trolling for anything they can find. Like RobertEG said, send the DV. They'll most likely not respond to it.
I'm a fan of snark in all contexts, unless I'm on the receiving end of it.
Thanks for the additional agreement. It's helpful to have the multiple weigh-ins on this one. I definitely felt like it was major fishing, and everything I've read about these clowns looks like they're JDBs.