Capital One Bank Collection Letter

[Anonymous]

I had an old Cap One Bank account in collections for $953 which was deleted from all credit reports in May, 2006.

I just received a letter from CA(Portfolio Recovery Associates LLC) for payment on this account for $1288.37.

I checked an old credit report for the DOFD and it shows "30 days as of 11-1999".   Does this mean that the 7 year mark for deletion would be 11-2007?

How should I proceed? Should I ask for all backup on this account and wait until I receive it for a PFD letter? I don't want it to appear on my credit reports now so am looking for guidance as to what I should do.

[Anonymous]

Sounds like it is past DOFD +7 years.

If it is also outside of your states SOL I would send a FOAD letter.

Message Edited by Timothy on 07-08-2007 06:15 PM

[Anonymous]

Great - thanks.

Do you have an example of a FOAD letter?

[Anonymous]

Mr. Scumbag :

I received a letter from your office on xx/xx/07 over an alleged debt from 1999 with xxx. I have no knowlege about a past due amount owed to Verizon.

Under XX State Code the subject account has a X 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 XXXX, which you stated in your dunning letter to me dated 07/xx/07.

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.

Signed-

Me

Message Edited by Timothy on 07-08-2007 06:45 PM

[Anonymous]

FOAD = F off and Die

---

busywoman wrote:

Great - thanks.

Do you have an example of a FOAD letter?

---

[Anonymous]

Perfect !! Thank you -

How can I determine the state code information for Illinois?

[Anonymous]

Breach of contract for sale under the UCC: 4 years.

Open account or unwritten contract: 5 years. NOTE: Except, as provided in 810 ILCS 5/2- 725 (UCC), actions based on a written contract must be filed within 10 years, but if a payment or new written promise to pay is in made during the 10 year period, then the action may be commenced within 10 years after the date of the payment or promise to pay.

Domestic judgments: 20 years, but can be renewed during that 20-year period.

Foreign judgments are the same time as allowed by the laws of the foreign jurisdiction.

Tolling: A person's absence from the state or during the time that an action is stayed by injunction, court order or by statutory prohibition tolls the time limit.

Non Sufficient Funds (NSF or Payment of Negotiable Instruments) checks: 3 years of the dishonor of the draft or 10 years after the date of the draft, whichever expired first: 810 ILCS 5/3-118

[Anonymous]

It was due to be removed 11/2006. It's all over with now. They are just grasping for straws now. They think they can scare you into thinking it can be reported again. But leagally it can't.

If they call back, just do sort of what Timothy said-with the excepting of doing it verbally over the phone f off or eat **bleep** an die, then hang up the phone.

[Anonymous]

OK Barry-I get the point. You caught me red handed. OOPs!!!!

[Anonymous]

---

Timothy wrote:

FOAD = F off and Die

Timothy,

You owe me a new keyboard!

I just spit wine all over it, too funny!!!!