Help - need collections advice

[Anonymous]

Fused - thanks for your help.  I feel like I can breathe a sigh of relief now.  I see helpful links here, but do you have a good one to help with a cease and desist letter?

Again, many many thanks.

PS - both of these debts were in the same state I am in now - Ohio.

Message Edited by lacedup2go on 08-06-2008 10:03 PM

[fused]

I don't have a good C&D letter, I just ignore JDBs and toss their meaningless threats in my shredder. Let me see if I can find one.

[fused]

Here is one written by one our myFICO mods, Sidewinder.

Certified Mail # XXXXXXXXXXXXXXXXX

Your name

Your address

CA

CA address

Date

RE: Account # XXXXXXXXX

Dear Sir/Madam

This letter is to inform you that I request ALL communication with me in connection to the above referenced account be discontinued, effective the day you sign for this letter.

Be aware that any communication not in accordance with FDCPA 805(c) after such point will be considered a violation of FDCPA.

Best regards,

lsian920

[Anonymous]

Many thanks again.  Also, thanks for coming up with a list of common abbreviations that are kept in a central easy to find location.  I must have looked at that list 10 times when reading the responses and other posts. 

Take care.  Glad to have this forum!

[Anonymous]

I hate to rain on your parade but I live in Ohio and the S O L is 15 years. In Ohio they consider a CC as an written contract.

Message Edited by l9ikjam on 08-06-2008 10:49 PM

[RobertEG]

Yes, Ohio has the longest SOL for bringing initial suit for unpaid debt, and it is 6 years for oral, but 15 years for written. So it does not appear that your state SOL has expired.

But threats by a CA to garnish wages, etc., is pure BS.  That can only be done after they bring suit and gain judgment by a court.  They are harassing you.  Tell them to cease and desist their collection activities, immediately. 

And state SOL for bringing suit has NOTHING to do with their ability to post negs on your CR under fedral law.  That is a state legal matter that is totally divorced from credit reporting under the FCRA.  The FCRA prohibits them from making neg posts for more than 7 1/2 years from the date of the DOFD.  Nothing to do with when the CA was posted, when the account was open or closed, or any later activity by you or them.  They either dont kno the law, or are blowing smoke up your buttocks.

Your debt is much less than their legal costs to bring suit.  It is roll the dice time for both of you!

Message Edited by RobertEG on 08-06-2008 11:48 PM

[Anonymous]

So, if a credit card chargeoff is considered a written contract, should I ask for proof of signature, etc.?

[Anonymous]

Okay - So, I still need help.  I reviewed my credit report today, and sure enough, there are two inquiries from Portfolio Recovery from yesterday (mad that there are two inquiries from the same company!!)

As I stated before, they told me stuff that was contained in my credit report over the phone, which was infuriating.  I don't want these to show up as 'hits' since, again, the two credit cards totaling less than $1,500 were charged off in 2000.

Is there anything I can do?  I see all of these links for letters, etc., but I also want to make sure I don't cause more problems.  Someone stated earlier that the SOL for credit cards in Ohio is 15 years as it's a signed contract.

Thoughts/advice?