Bowflex Collection Account

[Anonymous]

I opened this bowflex account back in 1997 or 1998. The collection account was through LVNV Funding and it is now with Allied Interstate. My question is can they still legally collect this debt after this many years? The original balance is $1418 and they are offering me a settlement of $453 on the amount due. I figure this account is at least 13 to 14 years old and have not made any payments for a long time. I hear the statute in Ohio can range up to 15 years for a debt but not sure if that applies to this account. Anyone have any advice for me here?

[llecs]

Regardless of SOL or CRTP, they can collect forever. I have one CA chasing me after 10 years at this point and easily 7 yrs past SOL. Once or twice a year they'll send letters and they used to call until I changed my number.

OH does have the longest SOL for written debts. If you signed any sort of contract or agreement, then assume that the debt is within SOL.

[Anonymous]

I do not recall ever signing any contract or any agreement. This account was based on credit approval through Nautilus that I used when buying the Bowflex machine. I would think that this account was created verbally without any signature of mine.

[RobertEG]

Yes, they can continue to attempt collection of the debt forever.  But you can shut them down.

You first have two considerations to deal with..... has the SOL expired, and has more than 7 1/2 years expired from the date of your first delinquency on the OC account before it was closed?

If the SOL has expired, they could not prevail in any legal action.

If the account was closed more than 7 1/2 years ago, the DOFD, whatever it may have been, must necessarily have occured prior to account closing.

Thus, no legal action or posting to your CR is possilbe.

Just send them a very concise letter under FDCPA 605(c), notifying them to cease all further communication with you regarding thisdebt.  If they should therafter call you again, they would be in violation of FDCPA 605(c).  There is no need to hide or change your phone number.  The FDCPA protects you from continued calls from a debt collector.

[MBOhio2]

tmac - While I obviously don't know the details of this arrangment, I can't imagine that they extended credit to you without a written agreement. There had to have been some document you signed agreeing to this acount. A reputable lender would never extend credit without a written agreement. If you did have a written agreement, then yes, in Ohio, they have the ability to collect the debt through legal action for 15 years and oftentimes, old debts come out of the woodwork in Ohio right around the 14 year mark because they know that SOL is expiring soon.

[Anonymous]

This is past the SOL for reporting on my credit report and is basically a zombie debt. I was approved for credit to buy this over the phone years ago when I called Bowflex. I never personally signed any agreement or paper for the financing. They approved me over the phone and the Bowflex was sent to my door and I made payments to them every month for the balance.

[MBOhio2]

Make sure you understand the difference between the 7-7.5 period for credit reporting and the "statute of limitations" which is a legal definition referring to the length of time that a creditor has to file suit against you for the debt. These are two totally different concepts. Just because it can no longer be reported on your credit report doesn't mean that the creditor can't sue you for the debt in an Ohio court. Since you were approved over the phone, you may be correct that there was never a written contract, but of course I don't know all of the facts here.

[Anonymous]

Yeah thanks MBOhio. I just cant remember if this account was cosidered to be a revolving account or not. It has been so many years since I have even dealt with this old account. I know one thing doing all of this credit repair is I am never going to get another collection account as long as I live. These accounts have been a real pain to deal with over the years.

[MBOhio2]

I completely understand... I will have squeaky clean credit for the rest of my life now!

As an FYI, my husband, whom lived in Tennessee most of his life, was sued by a collection agency over a Circuit City credit card that he defaulted on 13/14 years ago when he was like 20. Shortly after we moved to Ohio, we got a summons for the lawsuit. It was crazy - they were literally watching him and as soon as he moved to Ohio, they sued him!

[IOBA]

I didn't hear you say specifically that you still owe on the Bowflex -- but I got the impression you did.

If you do owe on the Bowflex, why not accept the settlement offer and be done with it?  It sounds like it would be for less than what was still owed on the original agreement.