Saturday, June 19, 2010

I recieved a collection letter on a credit card closed 15 years ago. can they still try and collect

This account has been closed with no correspondence for 14 years, this collections agency only provides the info of purchaseing the acct in %26quot;06. Can they legally ask me for money on a debt this old that i was not aware of due to divorce?



I recieved a collection letter on a credit card closed 15 years ago. can they still try and collect from me?

Cheerleader Mom:



Send a %26quot;debt validation letter%26quot; to these creeps. The statute of limitations has expired years ago and legally they can%26#039;t take you to court or even report it to the credit bureaus. These collection companies will send these letters out on old debts they have purchased trying to see if they will get a response. If they get none after 30 days from the date they mailed it, then they report it to the credit bureaus. Here is a template of a letter you could use:



Your Name



123 Your Street Address



Your City, ST 01234



ABC Collections



123 NotOnYourLife Ave



Chicago, IL



Date:



Re: Acct # XXXX-XXXX-XXXX-XXXX



To Whom It May Concern:



This letter is being sent to you in response to a notice sent to me on September 30, 2002. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.



This is NOT a request for 閳ユ抚erification閳?or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.



Please provide me with the following:



What the money you say I owe is for;



Explain and show me how you calculated what you say I owe;



Provide me with copies of any papers that show I agreed to pay what you say I owe;



Provide a verification or copy of any judgment if applicable;



Identify the original creditor;



Prove the Statute of Limitations has not expired on this account;



Show me that you are licensed to collect in my state;



Provide me with your license numbers and Registered Agent.



At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau閳ユ獨 (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:



Violation of the Fair Credit Reporting Act



Violation of the Fair Debt Collection Practices Act



Defamation of Character



If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.



Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.



If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.



I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. 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 USPS.



It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.



Best Regards,



Your Signature



Your Name



Send the letter certified, return receipt. The letter says it all!



I recieved a collection letter on a credit card closed 15 years ago. can they still try and collect from me?

How much is it? Were you a party on the account? How in the world did they find you?



I recieved a collection letter on a credit card closed 15 years ago. can they still try and collect from me?

Ask an attorney. There are firms that allow the first consult free of charge. As for the agency saying they purchased the acct in 06, that means they %26quot;bought%26quot; your debt even though it was inactive in an attempt to get money from you. The interest accrued alone must be immense



DEFINITELY consult a lawyer. But also be aware that someone MAY be trying to steal your identity through your credit card, whether it%26#039;s closed or not. I.D theft online is rampant these days.



I recieved a collection letter on a credit card closed 15 years ago. can they still try and collect from me?

be aware, there are some states that say if you ...tell them on the phone or sign a letter say you DO owe the amount then you reactivate the debt. So sign nothing that says you owe the amount. Also, if they call you...tell them you do not want to be called at home, and send this in writing to them.



It against the law for them to do alot of things, that they will try.



The statue of limits on a debt is usually 7 years.



If you make a payment on this debt, a small one, then you can be considered liable for the debt and they will say you accept the debt, and try to make you pay legally.



Read up on the www.bbb.org



and fair credit reporting act



and your states laws regarding collection agency laws.



good luck



I recieved a collection letter on a credit card closed 15 years ago. can they still try and collect from me?

Unfortunately, yes.



The credit card company probably sold your account to the collections company. That company can place it back on your credit report and tack on interest for each month your account continues to be deliquent.



In most cases, you can negotiate a settlement and payment plan.



What%26#039;s so crazy is that the credit card company has already charged off this account (tax write-off for them), and raised the interest rate on current customer accounts. So the creditor has already made up for this loss and now a bunch of scavengers (the collection agency) get to make more money off of you. They probably only paid $20 to acquire this account. This is completly legal - it%26#039;s called capitalism.



Reganomics.



You may also want to check with the consumers affairs office in your state, just to make sure the collection agency is following fair business practices.



I recieved a collection letter on a credit card closed 15 years ago. can they still try and collect from me?

The SOL ran out, there is nothing they can do so just put the letters you get in the trash. I would however request your free credit reports thru annualcreditreport.com or call 1 877-322-8228 to receive all 3 credit reports. If there is anything derogatory on the reports, despite it.



I recieved a collection letter on a credit card closed 15 years ago. can they still try and collect from me?

Yes, they can still TRY to collect from you. This is because your debt is being sold repeatedly from one collection agency to another. However, most likely the debt is beyond the statute of limitations, so they would not be able to collect. The easiest way to get rid of them is to reply in writing that you dispute the charge and make them prove it to you. This usually stops further communication because it is too difficult for them to contact and get an answer from the original creditor within the 30 day time limit provided by law. Hope this helps.



pallison11971



http://www.pallison11971.com

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