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Does this sound right to you all?

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Anonymous
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Does this sound right to you all?

Can anyone tell me if this is right I saw it on a search I was doing for Enhanced Recovery Corporation they just sent my husband a collection letter for Emarq and he has never had them in his name. I already had this removed once before and now they are back agian. Well here is wha I found>
 
'If you are being contacted by a collection agency about a debt for which you believe the SOL has run, you do have the right to demand that the collection agency 'cease&desist' from further collection efforts on the debt. At that point, the collection agency is required to stop any further efforts to collect on the debt, nor is the agency legally allowed to transfer or sell the debt to another agency.'
If anyone can chime in here I would be greatful.
 
Debbie
Message 1 of 8
7 REPLIES 7
Anonymous
Not applicable

Re: Does this sound right to you all?

DV them... a C&D is in order once they produce paperwork and you are past SOL - if you have the paperwork you can defend in court as past SOL and also prevent insertion (or get the thing removed!) on CRs
 
They can not continue to report on CRs if they haven't validate - and if it is old they probably can't validate.
Message 2 of 8
Anonymous
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Re: Does this sound right to you all?

Can they still sell it or the OC pull it back and reassign it like they did even though they did not validate it before and it was removed then. I mean all our Utilties are in name only the Cell phones are in his, and our lights are in both names. Matter of fact we have not even had a home phone in about 3 or 4 years since we have 7 Cell Phones. The address they have for that number came back in Corrolla and we have never lived there we live on the mainland. Matter of fact the name on the bill was different from the owner of the home as well. That home comes back as a Weekly summer rental for our area.
 
Thanks for your help with this issue.
 
Debbie
Message 3 of 8
Anonymous
Not applicable

Re: Does this sound right to you all?

get the paerwork again and then I will gen up a combined letter for C&D, harrassment, attempt to collect on a debt that isn't yours, etc.... it's a matter of c&p from various letters to make it an all in one....
Message 4 of 8
Anonymous
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Re: Does this sound right to you all?

Sorry Lady_Scarlet another question though. They send this letter to my huband but used my work address. I dont know how they got that for him but in the new DV letter do I put that address or should I put our home address on there? I dont want to give them too much information. i have one typed up right now but did not put an address on that but on the CMRRR I need to put an address so did not know what to do that way.
 
Thanks,
Debbie
Message 5 of 8
Anonymous
Not applicable

Re: Does this sound right to you all?

Do you want this going to your work?
 
I am using my home address on everything - but then I'm on the hook for less than $200 and can pay it NOW if I can get it off my reports....
Message 6 of 8
Anonymous
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Re: Does this sound right to you all?

The amount is only $103.45 but I did not know if I would be messing up his chance at getting this deleted if I gave them our home address since we just moved there in October. I know alot of people on here said not to give any extra information than they already have. I am genreally the only one who checks the mail and answeres the phones here at work. I just dont know how they got my work address for him as a home address or should I just send it back as wrong address?
Message 7 of 8
Anonymous
Not applicable

Re: Does this sound right to you all?

Is the original debt within SOL?  If no, then your home address is fine (you have an affirmative defense if they try to sue).
 
You could send it back as "not at this address" - only do this if you are outside of SOL.
Message 8 of 8
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