So confused ...

[Over-The-Top]

Hello everyone,

I would like to start off by saying I've learned so much on this forum and would like to thank the creators as well as those who post questions and answers on the board, as it has helped me become more knowledgeable in understanding how to rebuilt and continue to use my credit wisely.  I've been an avid reader and lurker for quite some time now and I finally have a direct question to ask you all.  Any input on the matter is greatly appreciated.

Although I no longer have any charge-offs/negative accounts reporting on any of the three credit reporting agencies ( I have Score Watch and periodically order my Trans Union report via myFico, and check my Experian report, although it may be inaccurate via Freecreditreport.com) I received a letter today from E R Solutions Inc.  It appears they are sending me this letter on behalf of the creditor Arrow Financial Services LLC, the letter further indicates the original creditor of the account was Old Navy.  From what I recall, I opened my Old Navy credit card around 2002 and more than likely fell behind on my payments around a year or so later.  I feel as though this account should not be held against me but because I can't recall the date of first delinquently I am unsure as to how to go about rectifying this matter.  When this account was listed on all three credit reports (pulled directly from the agencies) the status was listed as  "charged off".  My questions are the following:

How can I verify when was DOFD if this account is not reported on my credit reports any longer ?

Should I send E R Solutions Inc a DV letter ? 

Should I disregard this notice since it's no longer listed on my credit reports ?

Again, I would like to thank you guys in advance for any input on my issue. 

[RobertEG]

There is a way to verify the DOFD stored in your credit file, but in your case it seems unnecessary.

DOFD has only one functtion.  It is the date that the CRAs use to determine when a CO or CA must be blocked from further inclusion in any CR they issue.

The reason this new debt collection is not appearing in your CR at this point is probably more than 7 1/2 years has passed from that DOFD.  Under FCRA 605(c), even if the debt collector should report a collection to your credit file, it cant see the light of day in your CR.

Since incllusion in your CR seems to now be prevented, the remaining issue is the prospect of any legal action.  This looks to now be at least 8 or so years since your DOFD, which means that your state SOL has most likely expired. If so, you are also over the hurdle of being sued without an SOL defense.

The only reason I can think of to now send them a DV letter is to prevent them from calling you again until they provide debt validation.

You can accomplish the same, and on a more permanent basis, by just sending them a cease further communication letter under FDCPA 805(c), and then forgetting about them.

[Over-The-Top]

Thank you for the response RobertEG, I have received two automated calls advising me to confirm who I am, I hang up immediately though, I assume it is them calling me.  I will send them the cease further communication letter and hopefully i will be done with them.

[mauve]

I agree about the C&D thing.  Also, opt out if you haven't already.

[Over-The-Top]

What exactly should I write on this letter ? Do you guys have any sample C&D letters i may send them ? Thanks again in advance.