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  1. #1
    nategimp Guest

    Charge off debt collection.

    What is the name of your state? West Virginia

    Approximately seven years ago while in college, my wife obtained an MBNA master card. As most college students do, she charged a substantial amount, approximately $1000. At this point, she made no more purchases and no payments. For some time MBNA attempted to collect, but finally they gave up and my wife heard nothing from them for 5 years or so. Recently we went to apply for a home loan and the collection showed up on our credit report. As it turns out MBNA charged off the debt and sold the debt to NCOGroup. I contacted NCOGroup in attempt to make a settlement to clear up her credit report. They informed me that the bill now is $4400 after the years of interest. After some time, a manager with NCO stated they would settle for $1500. I agreed and said I would need proof in writing. The man stated I would have to pay by February 4. I explained that I would not be able to pay until February 15. He refused to budge and stated I would have to pay $2200 after the 15. I refused and that ended the first contact. Today, they called back as a "courtesy" to see if I have reconsidered and I made the $1500 offer and stated I will not go any higher. They told me they would have to take me to court and I said fine. Approximately an hour later, I received another call from the "legal department" at NCO and they explained that if I was not willing to settle they would have to take me to court. I explained the situation reguarding the original offer and they said they would review the situation and call me back. The question is, can they sue eventhough they purchased the debt from MBNA, and if they do can they be awarded the full $4400. What should I do?
  2. #2
    bigun is offline Senior Member
    Join Date
    May 2001
    Posts
    7,147
    according to [url]www.crerditinfocenter.com[/url] the SOL on a cc debt in WV is 6 years. I would suggest your wife send a cease&desist letter {CRRR} saying she has no recollection of the debt and in any event, the debt is timebarred and to never contact her about this matter again. At the 7 year mark, it should fall off her credit report.

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