Imagine that.... Out of the Blue

[dragnldy]

So thanks to years and years of paying off leftover divorce debt I am now at a 786 TU and 802 EQ myFico.  So now ER Solutions adds an inquiry onto one of my credit reports and Covergent Outsourcing starts calling my parents phone number whom I have not lived with for almost 20 years.  I did call them today to find out **bleep**, thought it might be a hospital bill for my daughter that wasn't billed to the right surname/address which has already been addressed to them.

The guy tells me that it's for a $3600 collection for an old credit card from 2003.  I guess I'm not surprised this comes up now that my credit is all cleaned up.  Told him I didn't recall any debt outstanding, and asked him once again to verify a date for it.  He verifies it's from '03.  I'm glad I started looking this board over several years ago when I was still in SOL over other debts I knew about and have since paid off and have all fallen off my CR.  Told him I will not attempt to admit to this debt until I can see proof in writing and gave him my address so I can have something in case they want to "play".  

Also did specifically ask him, "So you are trying to collect a debt that I do not agree is mine?  Plus you are trying to collect a debt that is out of statute of limitations for Wyoming?"  Figured that would be helpful in a "recorded phone call" feedback.  He said that he "didn't know what a statue of limitations was" and the company "just wanted you to pay what you owe them" and started getting defensive.   Made for a short but sweet phone call. 

Basically, from my point of view that he knows damn well it's too old.  At this point, he said he would definately send something.  I know this is completely out of SOL as Wyoming revolving accounts are 8 years.  Since I don't have the Convergent address for the office handling this issue handy until I receive the dunning letter (which I wanted to once again in writing from them to verify the date of the account he gave me), should I send a DV when I get it or should I just send an FOAD letter?

[pizzadude]

I googled them and here is some contact information.   If you want them to leave you alone just send them a certified letter instructing them to cease communications and they will have to stop calling you.    Also a C&D letter would work since the debt is out of SOL and CRTP.    99% of the time when you send them something like this they'll just drop it and move on to the next unlucky person.    

The people you talk with at CAs don't care about SOLs or anything else, other than getting money from you.   Not suprising that they claim not to know what SOL is.

800 Sw 39th St.	Phone: 206-322-4500	http://www.convergentusa.com/solutions/outsourcing
Renton, WA 98057	Fax: 206-322-4838
	Toll Free: 800-444-8485

[RobertEG]

Once you obtain a contact address, immediately DV them. If you can get an address prior to receipt of dunning notice, you can do it now.  Any DV you send will be timely as long as it has not passed 30 days from a dunning notice.  If they call again, limit your conversation to asking for their address in order to send them a request for verification of the debt.

By all means, dont just send a cease communications letter under FDCPA 805(c). 

A timely DV is stronger, as it invokes an automatice, full cease collection bar, whereas a cease communication letter only prohibits communications with you.  Until they provide verification of the debt, they are stopped cold.

If they do, by some strange chance, provide verification, then shoot them a cease communications letter.

If they dont send dunning notice within 5 days of their initial communication with you, and you really want to ruffle their feathers, draft a complaint of violation of FDCPA 809(a) addressed to the FTC, and cc them in the complaint.  That will get their additional attention.

I doubt that you will hear from them again.

[dragnldy]

thanks for the responses. 

[dragnldy]

Also looked up my past full credit reports to see what the original amount was and the charge off amount was $2337.  That's almost $1300 that they've tacked onto it.

[FrugalRican]

When you consider the fact that they probably paid peanuts for that debt, imagine what they would have made off of you just for scaring you via phone.

[winstars]

Did ER do a hard inquiry on you??? And with which CRA??? Maybe others can add a answer on their Pemissionable Purpose to do this to you...

[drkaje]

Do owners of past SOL debts have permissible purpose to pull reports? It's more a matter of curiosity, there aren't any zombies out there looking for my brains.

[pizzadude]

---

@drkaje wrote:

Do owners of past SOL debts have permissible purpose to pull reports? It's more a matter of curiosity, there aren't any zombies out there looking for my brains.

---

Yes, even if a debt is past SOL, it can still be collected on, meaning that CAs can still pull your CR.

[dragnldy]

no, the inquiry was soft on Experian.  after giving the rep my address to send a letter of my alleged debt, I still have not received anything.  However, I am going to use the address given here by pizzadude and send the DV now as they have again started calling my parents house.  You would think they would have at least copied the phone number I called them from.  Go figure.