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HELP!! Capital One trying to revive a 12 year old Autoloan

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Senior Contributor

Re: HELP!! Capital One trying to revive a 12 year old Autoloan


@nastalgia wrote:

Well it was a COAF letter head but with a different number from their main line and I was even surprised it was answered by a live person in such a short amount of time. I had called thier fraud hotline and the agent was able to locate said same loan account number but couldn't tell the amount or how long it been opened and any detail so he transfered me to their auto finance line that was closed because it was past business hours. I'm just going to ignore it for now and I went ahead and froze all my credit files so no one can do soft pulls on it anytime they feel like, its had so much soft inquires within the last 5 months I'm beginning to be conserned. Thanks for taking the time to give some pointers. 


The COAF was probably fake/copied, sure sounds like a junk debt collector and not Cap One, especially with all the soft inquiiries - they're looking to see if you have good credit now, a better target to try to scare into paying. Unfortunately freezing your credit reports won't stop them - companies that have a current account or relationship with you, and collection agencies acting on behalf of these companies are exempt from credit freezes.


Fico 08: 734/716/734 TU/EX/EQ
Message 11 of 12
Senior Contributor

Re: HELP!! Capital One trying to revive a 12 year old Autoloan


@Brian_Earl_Spilner wrote:

@Brian_Earl_Spilner wrote:

@GApeachy wrote:

@Brian_Earl_Spilner wrote:

They can't sue you if it's past your statute of limitations, but you still owe them the money and they have the right to attempt to collect on it. They can do so for the rest of your life, if they want. And if they decide to sell the debt, the agency that buys it can report it on your credit. They just can't sue you.


So any of us that had a CO, fell off the report after sol, 7 or so years after dofd.....it can all go back on again? 


 


Sorry, I should have been more clear, two thoughts mixed up. If you're past the statute of limitations, they can't sue you, nobody can. That doesn't mean they can't try to collect on it or sell it. If they sell it, it can pop back up on your reports. If you're past 7.5 years, it needs to be removed from your reports. New debt buyers can report it, but it's usually illegal because of the 7.5 year limit. It could be a simple mistake, but some companies will throw it back on and re-age it to force you to pay. It just needs to be disputed and proof of age shown. Regardless of reporting, the debt can be collected on/sold for as long as it's owed.


Reageing is a no no,  can you consumer complaint for $1000 plus attorney fees thanks to  fdca. To settle a half way decent FDCA complaint you will get between $600 and  $1,000 PLUS your attorney fees.   If you have a consumer attoney the other side usually will settle quickly because they have to pay your attorney fees if they loose and if it goes to court this be $10,000 to $20,000  in just attorney fees.  

Message 12 of 12
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