Please HELP!! DV Response...

[kamila7]

I will try to make this quick, please bear with me...On my EX account I have an account with GEMB/Discount Tire.  This debt is due to fall off in July, 2008.  Original CL was $300. 

I recently have been getting harrassing phone calls from Northstar Location Services, LLC, stating they now own the debt and I owe them 1578.71.  I DV'd them because I know I am out of SOL for both Mich(debt originated), IL(live currently).  Thinking they were a JDB anyways, that they wouldn't have actually documentation of this debt anyways. 

What they sent me today was a sworn affidavit from the Debt collector they bought the debt from, Erin Capital Management, LLC.  Also a Statement of Transactional Data, (I never had any transactions with ECM) Stating their Payment Due amount of 1428.71, and Due date of 12/23/2004.  This also includes the Original Creditor as Discount Tire, but no payments that I made, (this was a card in good standing for some time), and no dates when I went delinquent.

It also shows a date of 12/23/2004, as the date this new debt collector purchased this debt from ECM.

My question is...what should be my next step?  Being so close to the date of deletion, completely, should I wait it out? Or do I have any other options?

Any ideas would be greatly appreciated...Thank You All in advance!!

[Anonymous]

This letter goes CMRRR

Your Name
Your Address

Collector's Name
Collector's Address

RE: [insert account number or name of account or name of debt]:

Dear [insert collector's name or company name],

This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].

I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.

This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.

Printed Name

[kamila7]

Thank you for the response!!  Is this a letter for if it is after SOL, and close to CRTP?  Should I expect not to hear  from them again?  Have you or anyone sent this one before?

[thotgal320]

I never used this particular letter but many others that HappyDays has posted before and I personally don't think you can go wrong.