topic Re: Notice of Intent. in Rebuilding Your Credit

Notice of Intent.

Anonymous — Fri, 15 Feb 2013 05:04:36 GMT

I Received the following letter:

We have requested an affidavit from our client to file lawsuit against you on a sworn account, for the above named creditor. If suit is filed against you, it will be handled by an attorney in your state and jurisdiction. There may be ( depending on your states laws and federal regulations ) additional fees applied such as court cost, filling fees, and sherif department fees ( where applicable). If we do obtain a judgment against you and or your co signer, we will not accept out of court payments.

We are mor than willing to work with you, but this matters needs your immediate attention. If you do nothing, that leaves us no option but to file a suit against you. The choice is yours. This is your last oportunity to take care of this matter without court actions.

Notice: This is an attempt to collect a debt and any information we obtain may be used for that purpose. This communicatin is from a debt collection attorney.

I am in California where the SOL is 4 years; I suspect the SOL for this account has expired but I am not sure. My credit report indicates the first 30 day late in 2/2009. I dont think I made any payment or purchase after that date.

What do you guys recommend? Should I validate or should I try to settle? The amount is about $1600.

Re: Notice of Intent.

Anonymous — Fri, 15 Feb 2013 00:26:22 GMT

You certainly don't want judgment.

If you believe it to be outside SOL, I would send a DV. If they validate and it is inside SOL then decide.

Who is this from?

Re: Notice of Intent.

Anonymous — Fri, 15 Feb 2013 00:39:02 GMT

Edit

Original Creditor HSBC

Re: Notice of Intent.

Junejer — Fri, 15 Feb 2013 00:32:39 GMT

OP, I think that Guiness meant who is the OC, not the law firm collecting.

Re: Notice of Intent.

Anonymous — Fri, 15 Feb 2013 00:40:02 GMT

Thanks.

Original creditor: HSBC

Re: Notice of Intent.

Anonymous — Fri, 15 Feb 2013 00:47:41 GMT

I guess I should have been more specific. I was trying to find out if it was an attorney/CA?

Do you have a copy of a recent CR that shows the TL? EQ will show the DoFD, TU and EX a drop off date.

If the last time you made a payment was 2/09 it is inside SOL until the end of this month.

Re: Notice of Intent.

RobertEG — Fri, 15 Feb 2013 03:29:53 GMT

They are permitted to inform a consumer of intent to sue provided they have intent to take the action, so they have not violated the FDCPA unless you have evidence that they have no intent to follow through.

As I see it, your course is either to wait for legal action and assert expiration of SOL at court, contest the debt itself at trial, or reach a settlement.

Course one obviously requires clear determination of both the date your state SOL period began, if their are any reset provisions, and if the period has expired.

As for sending a DV at this stage, I assume that when they commenced collection on the debt, they sent dunning notice. If so, and more than 30 days has expired since dunning notice, they can simply ignore any request for DV and continue with their course of action.

Re: Notice of Intent.

Anonymous — Fri, 15 Feb 2013 03:41:15 GMT

This is the first time this law firm contacts me. I don't even remember to ever have been contacted by any other CA regarding this debt.

Can I sent a DV to them even if they are not a CA? Can DV be sent to anyone trying to collect a debt?

Re: Notice of Intent.

Anonymous — Fri, 15 Feb 2013 03:44:32 GMT

What is the name of the law firm? If they are the attorney for the CCC they may not be debt collector/attorney but an attorney.

You can PM me the name if you want.

Re: Notice of Intent.

Anonymous — Fri, 15 Feb 2013 03:57:32 GMT

EQ: DoFD 1/2009

TU:

Las Payment Date: 11/10/2008

Estimated Drop off date: 12/2015 (7 years) so SOL expires 12/2012 ? ( 4 years in CA)

I could not find this info on Experian but it does seem like the SOL expired. Should i send them a letter telling them to avoid going to court or should I just wait?

I PM the name of the firm.

Thanks.

Re: Notice of Intent.

Anonymous — Fri, 15 Feb 2013 04:26:52 GMT

DoFD is based on the first time you were delinqent and never brought the account current again. According to EQ that would be Jan 2009. However it shows your last payment as Nov 2008. That is 2 months before the DoFD.

SOL for suing is based on the DoFD also. Your SOL would have expired the end of Jan 2013.

I did a search and found mixed reviews about the attorneys and nothing solid as far as being a debt collector/attorney.

I would send a letter to them telling them the SOL has expired on the debt and see what happens.

I would not wait.

Re: Notice of Intent.

Anonymous — Fri, 15 Feb 2013 04:38:11 GMT

Are there any forms around? I have looke with no luck. I dont want to send a form and some how reset the SOL.

Thanks for your help

Re: Notice of Intent.

Anonymous — Fri, 15 Feb 2013 04:51:12 GMT

It depends on state laws as to what restarts the suing SOL.

Are they asking for any information in the letter?

Re: Notice of Intent.

Anonymous — Fri, 15 Feb 2013 05:04:22 GMT

No, I posted the whole body of the letter. I only ommited My personal info and their info. At the end it does says:

Notice: This is an attempt to collect a debt and any information we obtain may be used for that purpose. This communicatin is from a debt collection attorney.

Re: Notice of Intent.

Shogun — Fri, 15 Feb 2013 06:31:03 GMT

@Anonymous wrote:
I Received the following letter:

We have requested an affidavit from our client to file lawsuit against you on a sworn account, for the above named creditor. If suit is filed against you, it will be handled by an attorney in your state and jurisdiction. There may be ( depending on your states laws and federal regulations ) additional fees applied such as court cost, filling fees, and sherif department fees ( where applicable). If we do obtain a judgment against you and or your co signer, we will not accept out of court payments.

We are mor than willing to work with you, but this matters needs your immediate attention. If you do nothing, that leaves us no option but to file a suit against you. The choice is yours. This is your last oportunity to take care of this matter without court actions.

Notice: This is an attempt to collect a debt and any information we obtain may be used for that purpose. This communicatin is from a debt collection attorney.

-

I am in California where the SOL is 4 years; I suspect the SOL for this account has expired but I am not sure. My credit report indicates the first 30 day late in 2/2009. I dont think I made any payment or purchase after that date.

What do you guys recommend? Should I validate or should I try to settle? The amount is about $1600.

This works out really well for you. They are quite thoughtful in supplying this information. I concur by reading the aforementioned posts that without any tolling of the debt, ie moving states, leaving the country, this debt is passed the SOL for the state of California. In the state of California, debts that are passed the SOL are barred from filing suits. In order to "unclog" the court systems, California has prohibited filing for out of SOL debts. That means that they haven't done their homework and have threatened to sue when in fact they cannot. Now there is a violation for you.

How's that RoberEG?

Re: Notice of Intent.

Anonymous — Fri, 15 Feb 2013 14:45:07 GMT

@Shogun wrote:
@Anonymous wrote:
I Received the following letter:

We have requested an affidavit from our client to file lawsuit against you on a sworn account, for the above named creditor. If suit is filed against you, it will be handled by an attorney in your state and jurisdiction. There may be ( depending on your states laws and federal regulations ) additional fees applied such as court cost, filling fees, and sherif department fees ( where applicable). If we do obtain a judgment against you and or your co signer, we will not accept out of court payments.

We are mor than willing to work with you, but this matters needs your immediate attention. If you do nothing, that leaves us no option but to file a suit against you. The choice is yours. This is your last oportunity to take care of this matter without court actions.

Notice: This is an attempt to collect a debt and any information we obtain may be used for that purpose. This communicatin is from a debt collection attorney.

-

I am in California where the SOL is 4 years; I suspect the SOL for this account has expired but I am not sure. My credit report indicates the first 30 day late in 2/2009. I dont think I made any payment or purchase after that date.

What do you guys recommend? Should I validate or should I try to settle? The amount is about $1600.

This works out really well for you. They are quite thoughtful in supplying this information. I concur by reading the aforementioned posts that without any tolling of the debt, ie moving states, leaving the country, this debt is passed the SOL for the state of California. In the state of California, debts that are passed the SOL are barred from filing suits. In order to "unclog" the court systems, California has prohibited filing for out of SOL debts. That means that they haven't done their homework and have threatened to sue when in fact they cannot. Now there is a violation for you.

How's that RoberEG?

Nice one Shogun.

OP, you can send a written letter, very nicely explaining while you in no way shape or form are acknowledging the debt, the SOL on the debt has expired. You could also work in part of what Shogun wrote.

The letter they sent you with the blurb at the bottom verifies they are a debt collect/attorney. Which means they fall under the FDCPA and are subject to DV. However, since the debt is out of SOL, unless, someone disagrees, I wouldn't bother with a DV. Just send them the out of SOL letter.