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Junk Debt past SOL: DV or NOT DV?

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Galaim
Contributor

Junk Debt past SOL: DV or NOT DV?

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!

 

 

Gardening since 12/01/13 with an escape on 4/22/14 for a good cause
Scores: 05/01/10: thin file/no score 08/11/11: 620 all (mortgage FICO) 04/25/14: 705 TU (Barclay) 695 EX (FNBO) 621 EQ (FAKO) In My Wallet:: Wells Rewards Visa $7k, Care Credit $5k, Wells Care Credit $3.6k, NFBO Overstock $4.5k, BarclayCard $2.5k, Capital One $300, Chase $1.8k, Lane Bryant $1.75k, QVC $1.7k, Best Buy $1k, Chase Amazon Visa $500, Target RED $500, Torrid (Comenity) $350, Macys $300, TOTAL $31k CL, 36% util

Message 1 of 8
7 REPLIES 7
gdale6
Moderator Emeritus

Re: Junk Debt past SOL: DV or NOT DV?

I would research the name and contact info of the supposed CA. If it is valid I would send them a FOAD letter.

Message 2 of 8
Galaim
Contributor

Re: Junk Debt past SOL: DV or NOT DV?

Hahaha re the FOAD letter. Love it.

Now that I'm home it's Convergent Outsourcing and lists the creditor as Jefferson Capital Systems, LLC
Gardening since 12/01/13 with an escape on 4/22/14 for a good cause
Scores: 05/01/10: thin file/no score 08/11/11: 620 all (mortgage FICO) 04/25/14: 705 TU (Barclay) 695 EX (FNBO) 621 EQ (FAKO) In My Wallet:: Wells Rewards Visa $7k, Care Credit $5k, Wells Care Credit $3.6k, NFBO Overstock $4.5k, BarclayCard $2.5k, Capital One $300, Chase $1.8k, Lane Bryant $1.75k, QVC $1.7k, Best Buy $1k, Chase Amazon Visa $500, Target RED $500, Torrid (Comenity) $350, Macys $300, TOTAL $31k CL, 36% util

Message 3 of 8
RobertEG
Legendary Contributor

Re: Junk Debt past SOL: DV or NOT DV?

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.

Message 4 of 8
Galaim
Contributor

Re: Junk Debt past SOL: DV or NOT DV?

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.
Gardening since 12/01/13 with an escape on 4/22/14 for a good cause
Scores: 05/01/10: thin file/no score 08/11/11: 620 all (mortgage FICO) 04/25/14: 705 TU (Barclay) 695 EX (FNBO) 621 EQ (FAKO) In My Wallet:: Wells Rewards Visa $7k, Care Credit $5k, Wells Care Credit $3.6k, NFBO Overstock $4.5k, BarclayCard $2.5k, Capital One $300, Chase $1.8k, Lane Bryant $1.75k, QVC $1.7k, Best Buy $1k, Chase Amazon Visa $500, Target RED $500, Torrid (Comenity) $350, Macys $300, TOTAL $31k CL, 36% util

Message 5 of 8
Galaim
Contributor

Re: Junk Debt past SOL: DV or NOT DV?


@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.

Gardening since 12/01/13 with an escape on 4/22/14 for a good cause
Scores: 05/01/10: thin file/no score 08/11/11: 620 all (mortgage FICO) 04/25/14: 705 TU (Barclay) 695 EX (FNBO) 621 EQ (FAKO) In My Wallet:: Wells Rewards Visa $7k, Care Credit $5k, Wells Care Credit $3.6k, NFBO Overstock $4.5k, BarclayCard $2.5k, Capital One $300, Chase $1.8k, Lane Bryant $1.75k, QVC $1.7k, Best Buy $1k, Chase Amazon Visa $500, Target RED $500, Torrid (Comenity) $350, Macys $300, TOTAL $31k CL, 36% util

Message 6 of 8
Shogun
Moderator Emeritus

Re: Junk Debt past SOL: DV or NOT DV?

snarkygirl.jpg

 

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.

Starting Score: 504
July 2013 score:
EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!

June 2017 update: All scores over 820, just pure gardening now.
Message 7 of 8
Galaim
Contributor

Re: Junk Debt past SOL: DV or NOT DV?


@Shogun wrote:

snarkygirl.jpg

 

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. Smiley LOL
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.

Gardening since 12/01/13 with an escape on 4/22/14 for a good cause
Scores: 05/01/10: thin file/no score 08/11/11: 620 all (mortgage FICO) 04/25/14: 705 TU (Barclay) 695 EX (FNBO) 621 EQ (FAKO) In My Wallet:: Wells Rewards Visa $7k, Care Credit $5k, Wells Care Credit $3.6k, NFBO Overstock $4.5k, BarclayCard $2.5k, Capital One $300, Chase $1.8k, Lane Bryant $1.75k, QVC $1.7k, Best Buy $1k, Chase Amazon Visa $500, Target RED $500, Torrid (Comenity) $350, Macys $300, TOTAL $31k CL, 36% util

Message 8 of 8
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