What to do with this

[hoping2rebuild]

I just got a call from ER Solutions wanting to make payment arrangements for a bill from

2003, A) I have NEVER  had an account with the OC

           B) The address he gave me I haven't lived at in 15 years

I am sending a Past SOL letter how does this sound:

Dear ER Solution

This letter is in response to your phone call on 11-21-2011 concerning the collection of the above referenced Account #XXXXXX

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 North Carolina has expired. North Carolina lists a statute of limitations of 5 years for a promissory note, its open credit accounts may only be collected on following 3 years from the default. Oral and written contracts also have a statute of limitations of 3 years for North Carolina residents.

Consumer Economic Protection Act of 2009.

Specifically, the Act forbids the collection of expired debt from any North Carolina resident. The Act states that no collection agency shall collect or attempt to collect any debt by use of any unfair practices. Such practices include, but are not limited to, the following:

    When the collection agency is a debt buyer or is acting on behalf of a debt buyer, bringing suit or initiating an arbitration proceeding against the debtor or otherwise attempting to collect on a debt when the collection agency knows, or reasonably should know, that such collection is barred by the applicable statute of limitations.

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. Violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident. I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

ME

[Guava]

As a layperson, I think you wrote a great letter! Detailed, professional, but it sounds a little aggressive to me, but what do I know.

Please update on how this will play out because I'm curious of their response (if any). Way to go to defend yourself, hoping2rebuild!

[hoping2rebuild]

Thanks I will let you know I am sending it out in the AM

[RobertEG]

I think you letter is great!  I dont think it is overstated, particularly with regard to the SOL issues it addresses.

First, it establishes  a cease communication bar under FDCPA 805(c), making it illegal for them to call you again.

Second, with regard to the SOL issues, there are numerous federal court decisions ruling that once a debt collector has actual knowledge of expiration of SOL on a debt, then the bringing of any legal action for recovery is a violation of the provisons of FDCPA 807 as haven taken an action that cannot legally be taken due to expiration of debt itself.

You have put them on strong notice of the basis for your asserted expiration of SOL.  If they were to bring legal action, you have built the foundation for a counter-claim of illegal violation of the FDCPA.  NIce work..

[hoping2rebuild]

Thank you Mr.RobertEG