Out of the dern blue....

[Anonymous]

I just received a collection letter from First National Collection Bureau. The account that they are trying to collect on was opened in 1998 and the last activity was in 1999. I knew that once I got all the jacked up mess off my reports this would start happening. Anybody have any experience with these people? The account is clearly past SOL. Are they hoping that I will just cut them a check? I know they can and probably will bug me until I am dead,but oh well!! I have no intention of paying them one single red cent. Should I DV them? I really don't even want to honor them with a response. I was thinking of telling them to contact my attorney, but I don't have one! LOL! Maybe, I'll just pull an attorney's name out of the phone book and give it to them. I'm thinking that might be just the trick.. Anybody have a clue as to who they are?

[Anonymous]

Yup, they are hoping that you just sign your name on that check!!

I ignore them and watch my CR. None have ever reported.

If you do not want to do that then...send them a DV along with the past SOL letter.

[Anonymous]

Ignore them. If it is past SOL they can't sue, if they do sue and you go to court you win, and then you countersue for violations of the FCRA, and "stress" they caused.

Oh an do not say you have an attorney unless you do. If they call your bluff you are screwed.

Or, get an attorney and sue them first. I have a CA who took one of my 1999 debts and made it look current with a 2007 DOFD. I am in negotiations right now with an attorney to sue this CA.  

[Anonymous]

If past SOL and past CRTP, I would send them a cease and desist.

Watch your reports closely.

Make sure they don't try and re-age it and add it back.

It is best to just ignore or send a cease and desist. If you send the C&D, they can't call or send you more letters.

[Anonymous]

Much thanks to you all. I think I am going to sit back and see what happens from here. If need be, I'll send out a C&D and then see what stance they they take. I'd buy you all a round if I could.

[rodney0126]

I'd be careful about that letter. If it says if you don't respond within a short amount of time then they will consider it a valid debt and get a judgment or something against you if you do nothing. It's more hassle than it's worth by just ignoring it.

If it's well past the SOL, then just tell them that you know nothing about the "ALLEGED" debt and you are disputing any and all parts of the alleged debt. Also tell them that you are requesting a verification and they need to provide you with:

1. Validation of the alleged debt from the ORIGINAL creditor.
2. An ORIGINAL copy of the original creditor's paperwork or contract that you supposedly signed, with your original signature, with the original creditor.
3. A "statement of account" of the alleged debt DIRECTLY from the original creditor. Not one that the collection agency or their attorney has reprinted from their system of records.
4. A valid document showing your last payment or payments of the alleged debt to the original creditor AND a valid document showing if the alleged debt was "charged of" or "written off" (and when) or not by the original creditor.
5. A copy of the "associate entity" agreement between them and the original creditor showing they are giving the collection agency the power to send you a bill for an alleged debt and to even deal with you in the first place.
6. Any and All paperwork and legal proof from the original creditor that you may have forgotten to mention concerning the alleged debt from the original creditor.

IF they cannot or will not provide you with what they are supposed to when you request it then you are requesting a "cease contact" by them and their companies now and in the future about an alleged debt that you know nothing about and one that you think is a bogus collectible debt.

My mother was a collection's agent for many years. If they don't provide you with a verification from the ORIGINAL creditor showing that it is a legal, collectible debt then you can bury them in paperwork and cause many problems by going to the BBB and the state attorney general's office and you can even sue them if they do not provide proof from the original creditor and continue to "harass" you. If you ask for the right kind of verification then by law...they MUST provide it to you.

There is a time limit for when you need to get your requested verification. I believe it's 30 days.

I recently just got a letter from out of the blue also and I wrote a letter which consists of the stuff that I told you to request also. I believe that the SOL has past...but not 100% sure. But still....they must, by law, provide me with the stuff from the original creditor and if they have written it off or charged it off...then it's still an uncollectable debt.

Writing them back will stop them in their tracks and cause you possibly less hassle to worry about.

[Anonymous]

Okay, so say that I follow up with a DV and then they provide all the information to me regarding the debt. Doesn't that give them an open doorway to harass me? If I don't respond(until further prompting), they can't claim that I received a letter. I didn't sign for it or anything. How does that validate a debt to a CA? Wouldn't that be like me sending a letter to them and just stating in the body of the letter that if they don't respond to me in 30 days, then the debt is not mine. I think they would just throw it in the trash. I'm not understanding too well. I appreciate your advice. I just need some clarification. This debt is going to be a full 10 yrs old soon and I don't have any intention on paying these garbage sweepers.

[Anonymous]

Send the FOAD letter-

[Anonymous]

rodney0126 wrote:
I'd be careful about that letter. If it says if you don't respond within a short amount of time then they will consider it a valid debt and get a judgment or something against you if you do nothing. It's more hassle than it's worth by just ignoring it.

Your failure to request debt validation can not be considered as an admission to the debt in a court of law. The CA can assume the debt is valid if you don't DV, but the courts do not.



I recently just got a letter from out of the blue also and I wrote a letter which consists of the stuff that I told you to request also. I believe that the SOL has past...but not 100% sure. But still....they must, by law, provide me with the stuff from the original creditor and if they have written it off or charged it off...then it's still an uncollectable debt.

A written off/charged off debt is collectable. Written off/charge off is just an accounting term for the OC, doesn't mean you don't owe it still. If it wasn't collectable, the IRS would have a place for businesses to report recovered debt that was previously considered uncollectable.

[rodney0126]

I was just giving advice. It's up to you to decide to take it or not. I ignored one before and had a judgment and garnishment against me. Looking back, it may or maynot have been a valid collectible debt. My point is....if it's an invalid, noncollectable debt and if they do decide to try to get a judgment against you then it could have all been easily avoided. If you do nothing...it could turn into a big hassle for you. Not saying it will...but it could.

By law, if you send in writing that they are not to contact you by phone and only written communication then they must do it. Of course you'd need to send any and all mail to them certified, so they have to sign for it. If they call you after they receive the letter then you can take them to court and easily win. That puts a stop to the harassment.

There are websites and forums like this one dedicated to Collection agency BS and many say to simply write a letter basically telling them about the SOL (if that's truly the case) and to stop and cease all communications with you. Then it's over with.

I understand it's going to be 10yrs old by what you say. I said nothing of the sort about paying anyone. I was only talking about stopping them in their tracks. The SOL starts from the last time you made a payment. Communicating with a collection agency will not start the clock all over again.

I understand it's easier to do nothing and that's the advice everyone likes to hear. Can't say that I understand someone posting a question hoping to receive a "sit back and do nothing" response though. Doing nothing is an option though, but did you really need to be told that? LOL.