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Hey all & hope all is well. Despite my 2 latest "YEAHHHH" posts, just as my life goes, another 2 steps forward and 20 back. I also DID diligently hunt down this topic to no avail - or at least specifically to this type of scenario.
First, after 2 years of gardening & the MAJOR boost of my scores, ability to get unsecured credit, etc. etc., seems my little old friends have decided to crawl out of the woodwork again (under the name Dynia - JDB I see) & irritate me again. I don't know what it is about these folks or why, especially that it's out of SOL now, and despite having Exempt income, do these folks just keep on wasting $$ trying to collect something that is (now) outside the SOL.
The OC is from 1998 (long closed) and the "lastest" CA alleges DOFD of 10/2008 vs. 10/2007, the latter being the CORRECT DOFD. SO I tell them it's out of SOL, can't sue me, plus I have exempt income & you can't collect if you wanted to. They allege - even swear - that the OC has 10/2008 as the date. Told them I'll be more than happy to fax them old CR's showing the DOFD and these CR's are spread out over 3-4 years. They state OC gave the info & I said OC couldn't possibly unless they've been resurrected from the dead. I've DV'd them & got back the original contract only - not ONE thing meets the criteria of DV'ing as sending just that contract proves aboslutely nothing about payment history, particularly DOFD which is the sole issue. If I can overcome this, should be OK but nope - these "private internal documents" are just that.
Last night, coincidently shortly after my posts about my successes in the last two years, this CA actually stated "WE SEE YOU HAVE SEVERAL CC'S & YOU HAVE THE ABILITY TO PAY!" <--- OK - what do they have some "monitoring" on my CR's? This prompted me to pay to pull all three, I see softies from them several times over the last year on EQ and EX only (AND during a timeframe that they could have sued, i.e. within SOL), but the main issue is overcoming this SOL. I tried discussing it, given I KNOW for a fact hauling me to court would be ridiculous for them, and I honestly did all I learned to do from you fine people with the same results happening: Everything comes back as "10/2008". They stated the CR's are not proof enough that it is outside the SOL & "They would never violate the law" (HA!!! We have a comedian in the house there).
SO - all being said, and if more info is needed just let me know, since I have nothing other than the CR's to prove the DOFD & that this is out of SOL, what is my best course of action given I've tried all the routes we discuss in these forums? Going to court over this (if it did come to that) is a 50/50 that I'm NOT willing to take until I have backup (proof & even an attorney if need be). Further, is this true that there is some "Business Collection Risk Report" that the CR's produce on people who have previously owed debts? It's almost like the CR's now work for the creditors as quasi-CA's if they're furnishing the info to help CA's on the CA's behalf. It doesn't add up that I'm getting these now whenever the softies are from a year to two years ago - and for them to know my most recent (they rambled off my accounts and they were right but I didn't acknowledge it) without pulling at least one CR, I can only guess this CA chose the oldest accounts when i started rebuilding but they knew "too much" if you know what I mean (newer accounts w/o a pull - how would they know this?).
This is NOT the time for me or anyone that's come this far to take 20 steps back. I know some of you will start chiming in ASAP and I appreciate that in advance - and I also apologize for having to post this. I never thought I'd have to deal with this nonsense EVER again but alas, here we are going back in time... My sincerest appreciation for you taking the time on this one. Hope you're all doing well & now I gotta go cover up my garden due to this "frost" that is lingering - I will NOT let them die!!!! SIghhhhhh.....
Thanks again
On CAs monitoring your reports, yes, search Collection Score. If you have hard evidence of the DOFD use the CFPB to get it done.
@gdale6 wrote:On CAs monitoring your reports, yes, search Collection Score. If you have hard evidence of the DOFD use the CFPB to get it done.
Great!!!! Isn't that special...... Figures that there would be even MORE people out there to battle. Now they get it the EASY way - let's let em get ALL built back up and SLAM - destroy em all over again. I thought debt doesn't haunt you for life anymore or "debtors prisons". At this point, I'd say TIME SERVED is appropriate for all this nonsense!
Yes, i do have evidence of such - several reports in fact - but it seems a new CA gets a hold of it, they resurrect & I go through this all over again. if you ever searched my threads, you'll find once from around late 2012 or early 2013 I believe regarding this EXACT same matter with the EXACT same OC. Granted, it's probably passed through every CA's hands by now however EVERY SINGLE TIME it's supposedly "done for good", I always give it around a year and VOILA - it's back!!
I should post all of my CR's from 2008 - present with just this TL to see how many people flop on their keyboards over how many times and the MAJOR extents I have to go through to resolve it. Apparently, this is never permanent for me and I already know what will happen when I rock this boat... Then again, maybe I'll beat them to the courtroom & get a judge to stop this madness!!!
Well - thanks gdale & hope you have a good rest of your Sunday. Until we meet again
@nma851 wrote:Hey all & hope all is well. Despite my 2 latest "YEAHHHH" posts, just as my life goes, another 2 steps forward and 20 back. I also DID diligently hunt down this topic to no avail - or at least specifically to this type of scenario.
First, after 2 years of gardening & the MAJOR boost of my scores, ability to get unsecured credit, etc. etc., seems my little old friends have decided to crawl out of the woodwork again (under the name Dynia - JDB I see) & irritate me again. I don't know what it is about these folks or why, especially that it's out of SOL now, and despite having Exempt income, do these folks just keep on wasting $$ trying to collect something that is (now) outside the SOL.
The OC is from 1998 (long closed) and the "lastest" CA alleges DOFD of 10/2008 vs. 10/2007, the latter being the CORRECT DOFD. SO I tell them it's out of SOL, can't sue me, plus I have exempt income & you can't collect if you wanted to. They allege - even swear - that the OC has 10/2008 as the date. Told them I'll be more than happy to fax them old CR's showing the DOFD and these CR's are spread out over 3-4 years. They state OC gave the info & I said OC couldn't possibly unless they've been resurrected from the dead. I've DV'd them & got back the original contract only - not ONE thing meets the criteria of DV'ing as sending just that contract proves aboslutely nothing about payment history, particularly DOFD which is the sole issue. If I can overcome this, should be OK but nope - these "private internal documents" are just that. A DV does not require a CA to do anything more than tell you who is collecting and how much. If you ask for the name and address of the OC and an itemization of the debt that also must be provided. The fact they sent you an original contract means they went above what is required. However, to satisfy the incorrect reporting of the DoFD, you need to send them a direct dispute under FCRA (in my signature) and show proof what the correct DoFD is.
Last night, coincidently shortly after my posts about my successes in the last two years, this CA actually stated "WE SEE YOU HAVE SEVERAL CC'S & YOU HAVE THE ABILITY TO PAY!" <--- OK - what do they have some "monitoring" on my CR's? This prompted me to pay to pull all three, I see softies from them several times over the last year on EQ and EX only (AND during a timeframe that they could have sued, i.e. within SOL), but the main issue is overcoming this SOL. I tried discussing it, given I KNOW for a fact hauling me to court would be ridiculous for them, and I honestly did all I learned to do from you fine people with the same results happening: Everything comes back as "10/2008". They stated the CR's are not proof enough that it is outside the SOL & "They would never violate the law" (HA!!! We have a comedian in the house there).
SO - all being said, and if more info is needed just let me know, since I have nothing other than the CR's to prove the DOFD & that this is out of SOL, what is my best course of action given I've tried all the routes we discuss in these forums? Going to court over this (if it did come to that) is a 50/50 that I'm NOT willing to take until I have backup (proof & even an attorney if need be). Further, is this true that there is some "Business Collection Risk Report" that the CR's produce on people who have previously owed debts? It's almost like the CR's now work for the creditors as quasi-CA's if they're furnishing the info to help CA's on the CA's behalf. It doesn't add up that I'm getting these now whenever the softies are from a year to two years ago - and for them to know my most recent (they rambled off my accounts and they were right but I didn't acknowledge it) without pulling at least one CR, I can only guess this CA chose the oldest accounts when i started rebuilding but they knew "too much" if you know what I mean (newer accounts w/o a pull - how would they know this?).
This is NOT the time for me or anyone that's come this far to take 20 steps back. I know some of you will start chiming in ASAP and I appreciate that in advance - and I also apologize for having to post this. I never thought I'd have to deal with this nonsense EVER again but alas, here we are going back in time... My sincerest appreciation for you taking the time on this one. Hope you're all doing well & now I gotta go cover up my garden due to this "frost" that is lingering - I will NOT let them die!!!! SIghhhhhh.....
Thanks again
Send them a cease and desist letter and notify them that you will be pursuing legal action if they continue to violate the FDCPA by trying to collect on a debt outside of its SOL.
There is nothing in the FDCPA that says they are violating anything by attempting to collect a debt outside of SOL.
They are allowed to pursue a debt until paid. Only 2 states, WI and MS have statutes to the contrary.