Got a NO back on my offer to pfd 50% of an old water bill, this is due to fall off DEC 2012 but I was hoping to get it gone sooner
Since it is due to fall off in a year and we are WAY past SOL, I was hoping now that I have made an effort to take care of this
would it be OK to send a FOAD letter so they will stop flooding my PO BOX with "collector" mail?
I also want to mention this is NOT the first PFD I have sent them I have made several efforts and they have said in every letter
back to me that they have never and will never accept payment in exchange for deletion 
Starting Score: 377EQ/350EX/400TU As of 11/2011
Sure, you could send them a FOAD letter. But CAs aren't barred from attempting to collect debt that is out of SOL, they just can't legally sue you to collect it.
If they are calling you, then you can request them to only contact you via mail.
They can send you collector mail until they run out of stamps or until the post office stops delivering mail....
@pizzadude wrote:
Sure, you could send them a FOAD letter. But CAs aren't barred from attempting to collect debt that is out of SOL, they just can't legally sue you to collect it.
If they are calling you, then you can request them to only contact you via mail.
They can send you collector mail until they run out of stamps or until the post office stops delivering mail....
You might be right about this but when I read FDCPA 805(c) to me it says that a request to cease communications means all communications. But I could be wrong in my interpretation.
(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --
(1) to advise the consumer that the debt collector's further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
If such notice from the consumer is made by mail, notification shall be complete upon receipt.
From a BK years ago to:
EX - 3/11 pulled by lender- 835, EQ - 2/11-816, TU - 2/11-782
"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".
I was also thinking about NC's Super SOL
With a signature from Governor Bev Purdue, North Carolina effectively banned all collection attempts on old debts. This change is a part of the Consumer Economic Protection Act of 2009.
What Are Old Debts? An old debt as defined by the Act is any debt in which the statute of limitations has expired. While North Carolina lists a statute of limitations of 5 years for a promissory note, its open credit accounts may only be collected on following 3 years from the default. Oral and written contracts also have a statute of limitations of 3 years for North Carolina residents.
Prior to this Act, debt collectors could generally continue with collection attempts even though the statute of limitations had expired. What this means is that the debtor had no legal obligation to pay and yet they still faced the phone calls and letters asking for payment. If they collection agency took them to court, the debtor could show up and declare that the statute of limitations had expired and that the debt was no longer collectible.
In recent years, the collection of expired debt has become big business. Many of these debts were purchased for a few cents per hundred dollars. Since they had almost nothing invested in the debt, nearly all of what they collected contributed to profits.
Many consumer advocates began referring to these expired debts as zombie debts, and those collection agencies that pursued them as zombie debt collectors. While the debts were essentially dead, they never seemed to go away.
Specifically, the Act forbids the collection of expired debt from any North Carolina resident. The Act states that no collection agency shall collect or attempt to collect any debt by use of any unfair practices. Such practices include, but are not limited to, the following:
When the collection agency is a debt buyer or is acting on behalf of a debt buyer, bringing suit or initiating an arbitration proceeding against the debtor or otherwise attempting to collect on a debt when the collection agency knows, or reasonably should know, that such collection is barred by the applicable statute of limitations.
As such, the Act forbids the collection of zombie debts. It is important to note that while a debt may no longer be collectible after the statute of limitations has expired, it may still remain on a credit bureau report for a full 7 years after the default.
Wow, judging by SCs laws...I wanna move there
@casmith1980 wrote:Wow, judging by SCs laws...I wanna move there
HA! HA! that's funny I am trying to get my credit cleaned up to by a place at Garden City Beach SC