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10 Year Old (or more) Maybe Collection?

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Anonymous
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10 Year Old (or more) Maybe Collection?

Folks, Curious what I should do about this. ER Solutions has sent me a letter and is leaving messages on my work that may be for a credit card from 10-15 years ago. I don't even really remember, they haven't provided any evidence, and it's certainly well past the statute of limitations. I don't have any collections on my credit report. Nothing on my credit report shows as a charge off. I'm never had a BK. Basically, it just seems a minor nuisance; they only leave automated robo-messages on my work phone, and don't seem to call me at home. I don't think they can really come after me in any way. But what's the best technique to just get them to give up and go away? Thanks
Message 1 of 8
7 REPLIES 7
Anonymous
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Re: 10 Year Old (or more) Maybe Collection?

given your description, sounds like a foad (fork off and die) letter (search for it) is in order.
Message 2 of 8
Anonymous
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Re: 10 Year Old (or more) Maybe Collection?

Thanks, I did a search on FOAD and couldn't find any sample letters, although I admit I didn't read all 107 search returns.


What's the difference in tactics between sending a FOAD letter vs a DV letter?
Message 3 of 8
Anonymous
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Re: 10 Year Old (or more) Maybe Collection?

a dv letter is requesting proof from them you owe what they say, usually just after a collection acount hits your mailbox or reports. if it's near falling off, sometimes it's best to let it die.
 
a foad letter is used when the alleged debt can't hit your reports because it's past sol, crtp, and doesn't meet fcra requiements.
 
here's one i liberated of the forum.
 
 
Mr. Scumbag :

I received a letter from your office on (DATE) over an alleged debt from (Year)with (Alleged Creditor/Utility Company). I have no knowlege about a past due amount owed to (Alleged Creditor/Utility Company).

Under (ENTER YOUR STATE) State Code the subject account has a (#)year limit for filing any legal action or collection.

The starting date of this statute of limitations being either, the date of the last mutual activity, or the date of first default with the ORIGINAL CREDITOR of the subject account. The ORIGINAL CREDITOR being VERIZON, which you stated in your dunning letter to me dated mm/dd/yyyy.

This notification is formal notice to you that any filing of such action by you, or your representatives or assigns, is therefore time-barred.

What you are attempting to do is clear, and continued collection activities, including reporting, verification or insertion of accounts, beyond their legal collection date, to any consumer credit reporting agency, may be considered extortion and/or fraud and subject to criminal as well as civil prosecution.

Please note that proof of your receipt of this notice may be used by me or my legal representative in further action.

Since this alleged debt is clearly past the legal time frame for continued collection activity, you will cease any further contact with me.

You are not to sell, transfer, assign, or share any information about me or this alleged debt with anyone else.



TYPED NAME
Message 4 of 8
Anonymous
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Re: 10 Year Old (or more) Maybe Collection?

You need to send them a letter stating not to call you at home or work and to only communicate via mail.
 
Regardless of age........they can try to collect on it for years.........but they can not report to any CRA or sue you and win........they can sue....but when you go to court and inform judge that it is past SOL, they lose. Some will sue past SOL in hopes that the consumer is not knowledgable of SOL and/or not show in court......then a default judgement happens.
 
 
 

 

watchnerd wrote:
Folks, Curious what I should do about this. ER Solutions has sent me a letter and is leaving messages on my work that may be for a credit card from 10-15 years ago. I don't even really remember, they haven't provided any evidence, and it's certainly well past the statute of limitations. I don't have any collections on my credit report. Nothing on my credit report shows as a charge off. I'm never had a BK. Basically, it just seems a minor nuisance; they only leave automated robo-messages on my work phone, and don't seem to call me at home. I don't think they can really come after me in any way. But what's the best technique to just get them to give up and go away? Thanks


Message 5 of 8
Anonymous
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Re: 10 Year Old (or more) Maybe Collection?


@Anonymous wrote:
You need to send them a letter stating not to call you at home or work and to only communicate via mail.
 
Regardless of age........they can try to collect on it for years.........but they can not report to any CRA or sue you and win........they can sue....but when you go to court and inform judge that it is past SOL, they lose. Some will sue past SOL in hopes that the consumer is not knowledgable of SOL and/or not show in court......then a default judgement happens.
 
 
 

 









Can I include the mandate to only communicate in writing in the FOAD letter?

Also, should I even bother? Is there more risk in engaging them than not? Will they eventually just give up?

The alleged amount is for under $1000, so I can't imagine them putting in a big effort.

Message Edited by watchnerd on 03-16-2008 09:28 PM

Message Edited by watchnerd on 03-16-2008 09:29 PM
Message 6 of 8
Anonymous
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Re: 10 Year Old (or more) Maybe Collection?



watchnerd wrote:

Can I include the mandate to only communicate in writing in the FOAD letter?
 
Sure, you can put whatever you want in there.
Also, should I even bother? Is there more risk in engaging them than not? Will they eventually just give up?
 
Unless you want the phone calls to continue......yes you should bother. Most cease all activities once you inform them that you are aware SOL has passed and they can't do anything about you not paying.

The alleged amount is for under $1000, so I can't imagine them putting in a big effort.
 
Just depends........some will, some wont.

Message Edited by watchnerd on 03-16-2008 09:28 PM

Message Edited by watchnerd on 03-16-2008 09:29 PM




Message Edited by sidewinder on 03-16-2008 09:43 PM
Message 7 of 8
Anonymous
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Re: 10 Year Old (or more) Maybe Collection?

I filled out the FTC online complain form about this issue. Has anyone else used it before?

We'll see what, if anything, happens as a result.
Message 8 of 8
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