What to say? What to do?

[ThunderCat33]

I have no baddies on my credit report, in fact I have fairly high scores across the board.

Out of nowhere I get a call from a CA starting that I have an outstanding balance of $7, 077 that needs to be paid. I told the last that I do not recognize the account or the amount. She told me the OC was Citi Financial and the amount owed was originally $4, 715 before penalties and interest were added. She also stated that the account was from 1996 and that the last payment was received in 1999. I told her I do not recognize the debt or the amount and to send me something in writing. She stated they would but that she needed a payment today in order to avoid further action and mentioned something about getting my work verification or something to that effect.

I told her I would not pay for something I do not recognize over the phone and that if she thinks I would then she is crazy and I hung up.

Any thoughts? Anything I need to do? I live in PA and am pretty sure Sol is past.

Funny. Haven't heard anything in years from any collection agency's and now that my scores are good and have recently been approved for a couple credit cards and a refi on my house they pop out of nowhere

[ThunderCat33]

Do I need to send them some type of letter? A DV perhaps? Or do I just leave it alone? Can they report on my CR? I did notice a soft inquiry from them in my recent CR..

[p-]

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@ThunderCat33 wrote:
Do I need to send them some type of letter? A DV perhaps? Or do I just leave it alone? Can they report on my CR? I did notice a soft inquiry from them in my recent CR..

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I would ignore it until they send you something, then DV.  If they put it on your CR dispute it for age.

[ThunderCat33]

So what should I say when that call again?

[750orbust]

I would only tell them that you are only willing to communicate with them via mail. If you do decide that the debt is yours, offer them a tiny percentage of the actual amount they'll likely take it since they can't sue or report on your CR. whatever you do, don't promise to pay or set up any kind of payment arrangement with them as is many states this will reset the SOL and then they could legally sue you.

[ThunderCat33]

. . Agree to pay a percentage but don't promise to pay? A bit confused here. I'm probably going to leave it alone unless something gets put on my credit report. Then. .. It would be on. The original debt would have been and already fallen off my cr so they have no right to try and put it back in there.

[RobertEG]

Their first call was an initial communication with the consumer, which triggered their requirement under FDCPA 809(a) to send yuu a formal collection (dunning) notice within 5 days of that call.   If they call again, simply inform them that you are awaiting their dunning notice.

You can send a DV prior to receipt of dunning notice, thus immediately barring any further collection activity, including calls, until they have provided debt verification.

With the age of the debt, and thus the DOFD, any reporting they make will be barred from inclusion in your credit report.

[Shogun]

Red flags are going up everywhere on this one.  First off, you don't recognize the debt.  A DV should be sent to find out the particulars of the debt.  It could be yours, could not.

Secondly, this debt is old.  What type of action were they planning to take?  This debt has passed the SOL and the CRTP so they can't take you to court and they can't put it on your CR.  There only action would be to ask you to pay.  Now with some states, any partial payment can restart the SOL, that is why they are so adamant about getting that payment.

So basically you have a "Zombie debt".  What you choose to do with it is up to you.  A simple Cease and desist letter would stop the CA from calling.

[ThunderCat33]

Okay. .. To clarify. .I don't particularly recognize it becuz it was from my 20's and I was so uneducated about credit that I just didn't care. I got divorced (got married young) and just let stuff go. I couldn't even tell you what credit cards I had back then so it probably was from citi financial.

By the way. . Credit responsibility should be a required high school class! !!.

Would a cease and desist letter stop them from selling it to another ca?

Thanks guys for your knowledge. This site is my new homepage.

[p-]

Pay attention to Robert and Shogun;  

The CA is supposed to send you a dunning notice which is your cue to DV.  You don't have to wait though, you can send a DV right away.

You can make them stop calling, and remove any report from your CR, but you can't keep them from selling the debt.

The debt is still valid, they just don't have any legal means with which to enforce payment, and are not allowed to report it on your CR.  But they are allowed to try to convince you to pay, or sell it to someone else.