Frequent Contributor
Posts: 463
Registered: ‎11-28-2012
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.

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