Mega Contributor
RobertEG
Posts: 17,456
Registered: ‎03-19-2007
Re: Is this a PFD reply, or is it not? Need some help!

I have never seen a letter so useful to a consumer!

 

They admit knowledge that SOL has expired without an effort on your part to even assert it.

They have stated that they are not collecting on the debt.  Yet they ask you to pay.  What double talk.

Then they state they are deleting, but not because of any payment or offer to pay the debt, obviously to avoid any conflct with their credit reporing agreement with the CRAs.

 

To me, it is fairly clear that they are aware of the body of case law that holds a debt collector who has actual knowledge of expiration of SOL to be in violation of the FDCPA should they bring, or even threaten to bring, a legal action that they know cant prevail.  It appears to be a CYA act on their part to eliminate any issue of unfair practices on their part. 

 

I would put that letter in a safe.  They have bailed, but keep their pockets open should you feel a ping of charity.