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Cap one collection letter

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Anonymous
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Cap one collection letter

I received a letter today dated April 7 08  from an attorney stating they were hired by North Star Capital Acquisition, LLC to collect my cap 1 account that they purchased.  THis account was opened in 2000 and last activity was March of 2002.  ND has a 6 year SOL on all accounts.  What should I do???
Message 1 of 4
3 REPLIES 3
Anonymous
Not applicable

Re: Cap one collection letter

I would say that as of Mar 08 it is beyond SOL.
Message 2 of 4
Anonymous
Not applicable

Re: Cap one collection letter

So what do I do then?
Message 3 of 4
llecs
Moderator Emeritus

Re: Cap one collection letter

I would ignore the dates on your CR if purchased through here or TC, for example. Pull you org. report through EX or TU and that will tell you when this baddie will be removed. Subtact 7 yrs and you get the CRA's DOFD. You can also call and get the same info. You would have to call for EQ.
 
If it is 3/02, then SOL is up. Look at the letter you received. Does is mention the typical FDCPA language like you have 30 days..blah..blah...blah? If so, then that is a dunning letter. I would DV them ASAP via CMRRR. Use one of the letters found on this site. Heck, if it doesn't say that, then I would DV them anyway.
 
Next, while you are waiting (and they can take longer than 30 days if they want to; CAs have no limitation on time to validate), then I would contact CapOne. IMO, send them an OC letter - basically asking them to verify info. They will likely send you copies of the last statements you received. And use that info to back your records.
 
Finally, document everything. During the DV period, they cannot call you or write you to collect. Keep everything. If they do validate and attempt to sue, then you would win if you contest it because it is past SOL, but having the last statements, DV info, green cards from the DV, and everything else will aid you in showing the court you were past SOL and the case will be dismissed by the judge. I don't think you'll get to this point, though.
Message 4 of 4
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