Strange Phone Calls

[Shogun]

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@DonnyP05 wrote:
I'm going off my tu report from December of last year. It's listed on that report. TU estimates it to be off on 11/2013. DOFD was 06/2006 I believe. I can't back up after that for 5 months, then it all went down hill. 02/2007 I hit 30 days late then 4 months later it was a charge off.

Date opened 12/03/2005
Last payment made 12/24/2006

Can they charge interest on a account that was charged off and sold to a CA? Or is the CA the ones charging the interest. I was told my principal balance was 1800 but with interest over the years, it's at 4k something

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It depends on the original agreement on whether interest can be applied.  But there is no way I'd pay that.  I'd make sure they sent me something in the mail to validate that they have collection authority on this account.  Don't feed the bottom feeders.  If they were to provide proof, with this old a debt, I'd offer a PFD for a percentage of the original debt.  Maybe $300 for a PFD.

[DonnyP05]

So basically send them a DV letter, then if verified, PFD for a fraction of the cost?

[DiabolicallyRandom]

Yeah, I would start with a DV. Is it even the same CA las the one listed on your reports?

[DonnyP05]

Well the phone calls stopped for awhile, now they are calling my wifes father about this.

They stated to him that I have a court date and a court summons was sent out. I never received one. They said they got his information from me that I've added him as a co-worker of mine. I don't even work with him and he owns his own business. I'm not even sure how they got his phone #, as my wifes last name is different than his obviously.

I called and he stated it was in regards to this Kay jewelers account again. Professional Placement I believe he said. I was told I was calling an answering service, then place on hold a bit and I Could hear  background noise, then a gentlmen picked up and said he was a lawyer for them or something and was trying to bully me.

He stated he doesn't  make the outgoing calls and has no idea what was said or why their calling my father in law. He started bringing up that I'm being pursued for this and that they now legally own this debt. Then mentioned something about a court summons.

I have never done anything to restart the clock. Never called anyone to make payment arrangements, never admitted to owning the debt when I first called them back 3 months ago, and never made a payment on it.

Gentleman told me that I was confused and that the clock starts from the date of the charge-off, then proceeded to give me the date. Even if that is correct, which I believe is a total lie, the C/O date was 05/2007, which is still past my states SOL (WI) I told him I know its from the DoFD and he told me I was wrong. He never even asked me if this debt was mine. They asked me to verify information. I said I want to know what this is in regards too first, then just had me verify the last 4 of my social, thats all I told him. Then he proceeded to say what I described above. So even during this phone call I never admitted to owning the debt. Unless their lieing and saying otherwise to start the clock over, I have no idea.

I simply stated to him that the SOL to collect for my state has passed, he then proceeded to throw more legal stuff at me and I hung up on him.

Not sure what to do at this point. I did never send a DV to them, as I didn't want it to backfire on me somehow. I've never received anything in the mail from this company at all. I've been at this same address for 2 years and even when the calls first started. It would have been delivered. Plus this account is due to fall off my report tomorrow.

I believe they no legal ties to hold me to paying this debt any longer.

Any help would be great, now im a little uneasy about all of this. Any thing  I can do to make the calls stop to my other family memebers? They don't even call my own phone anymore.

[DonnyP05]

Forgot to add that the DoFD for that account was 01/2007, I had other 30 days late, but then caught up for a bit. Starting on 01/2007 is when I fell behind and never caught back up. If I'm saying that correctly.

Very last thing he told me before I hung up is..... Do you have a laywer or do you need me to find you one/appoint you one?

Not sure what their trying to do. I believe their just Bottom Feeders and are trying to collect on a debt that they no longer can. Now their calling my family and my wifes family and telling them Information that I don't even know. Told her father I had a court date set for today that I had to show up for? I never even received anything in the mail, or a summons to appear in court. Nothing!

From what I researched on google from the # they called from, it looks like a bunch of people are getting these same calls about the same stuff. That this place is being super rude and haning up on them. That they are calling other family members about their debts.

Im probably just over worrying. I would like to be more safe then sorry though.

[Shogun]

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@DonnyP05 wrote:

Forgot to add that the DoFD for that account was 01/2007, I had other 30 days late, but then caught up for a bit. Starting on 01/2007 is when I fell behind and never caught back up. If I'm saying that correctly.

Very last thing he told me before I hung up is..... Do you have a laywer or do you need me to find you one/appoint you one?

Not sure what their trying to do. I believe their just Bottom Feeders and are trying to collect on a debt that they no longer can. Now their calling my family and my wifes family and telling them Information that I don't even know. Told her father I had a court date set for today that I had to show up for? I never even received anything in the mail, or a summons to appear in court. Nothing!

From what I researched on google from the # they called from, it looks like a bunch of people are getting these same calls about the same stuff. That this place is being super rude and haning up on them. That they are calling other family members about their debts.

Im probably just over worrying. I would like to be more safe then sorry though.

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Oh, yes, you are suing me so could you provide me a unbiased lawyer, lol.  More than likely, he's no more a lawyer than my beagle.  Send them a C&D letter, and send it CMRRR.   Then document every contact they try and make with you, and file a suit in small claims court every time they do try to contact you.

[guiness56]

There are several violations going on under the FDCPA.

They cannot discuss your debt with anyone other than your spouse.

They cannot say they are suing you unless they intend to do so.

They cannot ask you if you want them to appoint you an attorney.  Not a violation just stupid on their part.

Additionally, in WI when the SOL on the debt expires, so does the debt and is uncollectable:

Under Wisconsin § 893.05, a creditor may not file a lawsuit on a debt after the Wisconsin statute of limitations expires. Nor may a collection agent or original creditor collect on the debt either. If a collection agent or original creditor attempts to collect expired debt create a cause of action under Wisconsin law as well as under the federal FDCPA because any collections actions misrepresent the legal status of the debt. This consumer-friendly rule is an exception only Wisconsin and one other state share (Klewer v. Cavalry Invs., LLC, 2002 U.S. Dist. LEXIS 1778 *7 (W.D. Wis. 2002) and Gervais v. Riddle Associates, 479 F. Supp. 2d 270 (D. Conn. 2007)).

[DonnyP05]

Awesome, excellent information! I really appreciate it. I will be sending them a C&D letter. How do I find out their address though?

[guiness56]

Google their name.  If they are a legit company it shouldn't be hard to find.  Do you know where they called from?

[Shogun]

That can be a bit of a problem.  These "bottom feeders" hide that sort of information from you.  They just give you a number and try to get a CC number or have you Western Union the money.