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Frequent Contributor
QAMngrGirl
Posts: 463
Registered: ‎11-28-2012
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So I got this settlement offer from Total Card Systems

For a Cap One account I have NEVER had, I have only had 2 and I just closed one (formerly an Orchard), and the other is in perfect standing (sans the customer service but that is another thread). 

 

Now on top of the fact that I KNOW this is not my debt, AND I saw the SP by Total Card Systems on one of my reports.. get this... the letter states (under the "Manager's Signature" is: "The law limits how long you can be sued on a debt. Because of the age of your debt, we will not sure you for it, and we will not report it to any credit reporting agencies"

 

um, HUH?

 

Are they randomly trying to get people to pay debt they KNOW isn't valid?

 

I am anal retentive about checking my reports many times a month now, for the last 6 years and I have no idea where this came from. Do I still DV this??

Start: Nov'12 EQ 699/EX 685/TU 696 / Current: April''14 EQ 715/EX 709/TU 709 * Goal 750+


Moderator
guiness56
Posts: 22,408
Registered: ‎01-17-2008
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Re: So I got this settlement offer from Total Card Systems

Frequent Contributor
QAMngrGirl
Posts: 463
Registered: ‎11-28-2012
0

Re: So I got this settlement offer from Total Card Systems

No, it's not on my report. The SP from this company was maybe 3 weeks ago. 

Start: Nov'12 EQ 699/EX 685/TU 696 / Current: April''14 EQ 715/EX 709/TU 709 * Goal 750+


Mega Contributor
RobertEG
Posts: 17,737
Registered: ‎03-19-2007
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Re: So I got this settlement offer from Total Card Systems

They are not admitting the debt to be invalid, they are stating that the SOL for bringling legal action has expired and that the credit report exclusion period has expired.

However, neither prevents them from continuing to attempt collection of the asserted debt, including making inquiry for your CR.

 

You can choose to ignore them, which will permit them to continue communication with you.  To block such communications, you can send them a DV within 30 days of their dunning notice, which will bar all collection activity on their part until such time as they might provide verification of the debt.

Should they provide verification, you can then send a cease communication lettter under FDCPA 805(c).

 

However, cease collection or cease communication will not address the lingering issue of having an unpaid, delinquent debt. 

To do that, you would need to contest their assertion of the debt itself.

With no credit reporting, the FCRA dispute process is not available, and a DV requires no response on their part.

You would most likely need to bring civil action to prove the debt is not valid, and thus remove any issue of unpaid, delinquent debt and prevent further credit inquiries.

 

 

 

Frequent Contributor
QAMngrGirl
Posts: 463
Registered: ‎11-28-2012
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Re: So I got this settlement offer from Total Card Systems


RobertEG wrote:

They are not admitting the debt to be invalid, they are stating that the SOL for bringling legal action has expired and that the credit report exclusion period has expired.

However, neither prevents them from continuing to attempt collection of the asserted debt, including making inquiry for your CR.

 

You can choose to ignore them, which will permit them to continue communication with you.  To block such communications, you can send them a DV within 30 days of their dunning notice, which will bar all collection activity on their part until such time as they might provide verification of the debt.

Should they provide verification, you can then send a cease communication lettter under FDCPA 805(c).

 

However, cease collection or cease communication will not address the lingering issue of having an unpaid, delinquent debt. 

To do that, you would need to contest their assertion of the debt itself.

With no credit reporting, the FCRA dispute process is not available, and a DV requires no response on their part.

You would most likely need to bring civil action to prove the debt is not valid, and thus remove any issue of unpaid, delinquent debt and prevent further credit inquiries.

 

 

 


So they can do whatever they want even though this debt is not valid, I have no recourse other than to hope I can afford to take them to court? How is that even legal. This is NOT my debt. I have every intention of sending a DV but even that seems useless if they don't have to respond and can just keep trying to collect a debt I don't owe. Why should I have to remove the issue of a non-existent unpaid, delinquent debt, if there is nothing they have to respond to.

 

SO FRUSTRATING.

Start: Nov'12 EQ 699/EX 685/TU 696 / Current: April''14 EQ 715/EX 709/TU 709 * Goal 750+


Frequent Contributor
QAMngrGirl
Posts: 463
Registered: ‎11-28-2012
0

Rough Draft DV

[ Edited ]

First DV, can you please be gentle with the critiques? :smileyhappy:

*******

Date

 

QAMngrGirl
100 Main ST
City, State Zip

 

Total Card Systems
Collection Agency Address
City, State Zip

 

Re: Capital One Acct No. XXXX-XXXX-XXXX-XXXX

 

To Whom It May Concern:

 

I am writing this letter in response to the letter received from you on January 25, 2013. In conformance to my rights under the Fair Debt Collection Practices Act (FDCPA), I am requesting you to provide me with a validation of the debt that referenced in your letter. Please note, this a not a refusal to pay, rather a statement that your claim is disputed and validation is demanded. (15 USC 1692g Sec. 809 (b))

 

I do hereby request that your office provide me with complete documentation to verify that I owe the said debt and have any legal obligation to pay you.

Please provide me with the following:

 

1. Agreement with the creditor that authorizes you to collect on this alleged debt
2. The agreement bearing my signature stating that I have agreed to assume the debt
3. Valid copies of the debt agreement stating the amount of the debt and interest charges
4. Proof that the Statute of Limitations has not expired
5. Complete payment history on this account along with an accounting of all additional charges being assessed
6. Proof that you are licensed to collect in my state; and Your license numbers and Registered Agent

 

If your office fails to reply to this debt validation letter within 30 days from the date of your receipt, all instances related to this account must be immediately deleted and completely removed from my credit file. Moreover, all future attempts to collect on the said debt must be ceased.

 

Your non-compliance with my request will also be construed as an absolute waiver of all claims to enforce the debt against me and your implied agreement to compensate me for court costs and attorney fees if I am forced to bring this matter before a judge.

 

Thank you,

 

My Signature
QAMngrGirl

 

******

Start: Nov'12 EQ 699/EX 685/TU 696 / Current: April''14 EQ 715/EX 709/TU 709 * Goal 750+


Moderator
guiness56
Posts: 22,408
Registered: ‎01-17-2008
0

Re: Rough Draft DV

They do not have to provide any of that except maybe #5.  And that is not part of a DV, just a request for their accounting.

Frequent Contributor
QAMngrGirl
Posts: 463
Registered: ‎11-28-2012
0

ugh!

they should't be able to do anything with invalid debt!!

Start: Nov'12 EQ 699/EX 685/TU 696 / Current: April''14 EQ 715/EX 709/TU 709 * Goal 750+


Moderator
Shogun
Posts: 12,952
Registered: ‎04-15-2011
0

Re: ugh!

Break down of what is being said up above.  Yes, it's a Zombie debt.  They can't sue you, they can't report it to the CRAs.  It will not appear on your credit.

 

All they can do is ask you to pay.  That's it.

 

My best advice?  You may not like it.  Send a settlement offer for like $40 or so.  To make the debt go away.  Otherwise it just gets thrown from bottom feeder to bottom feeder. 

 

Other than that, you can just send a cease and desist like Robert said.  They can't contact you, but they can sell it to another CA.


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Frequent Contributor
QAMngrGirl
Posts: 463
Registered: ‎11-28-2012
0

Re: ugh!

I guess what I am missing is how they can collect on a debt that doesn't exist. If it were mine I understand, but it's not. Selling a fake debt over and over until someone throws money at them to go away?

Start: Nov'12 EQ 699/EX 685/TU 696 / Current: April''14 EQ 715/EX 709/TU 709 * Goal 750+



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