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  1. #1
    WCDavis559 is offline Junior Member
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    PLEASE HELP NEED advice about old credit card debt

    What is the name of your state? Florida
    I had 2 credit cards (1 Visa and 1 Mastercard) I opened the account in May '97 Both card companies charged me for disablilty protection even after I had canceled both cards in Dec. '98 when I was disabled during a pregnancy. I explained my situation every time the companies called. The disability coverage was never honored. I did pay Visa $1,000. in April '99. out of the then $2,000. which is now up to $3,484.28. Eventually, the calls stopped. I hadn't heard from anyone in years and now I'm getting phone calls from a different company who purchased my account from another company threating to put a judgement against me if I don't pay them at least $1,742.13
    The Mastercard account has also changed hands many times and also wants around $1,200. to "settle my acount" My problem is that I do not work. We are like a lot of families and live pay check to pay check. We have 4 children and it would cost us more than I could make in one week to have them in a day care and/or before and after school care. If I could pay the debt I would. I know that it isn't much but, I have offered to pay $50. a month which neither company will accept. Both companies will only accept 50% of what they say I owe on top of the interest that has been added in by the individual companies. I do not know what to do. I don't own anything, and my husband is the only one working. I am very upset. I don't know what to expect. Any advice would be greatly appreciated. Thank you for taking the time to read this and to anyone who responds.
    Last edited by WCDavis559; 11-28-2005 at 07:03 PM.
  2. #2
    zippysgoddess is offline Senior Member
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    As many judges in Florida are now considering credit cards as written contracts, the SOL is 5 years, so if you haven't paid either of them since April of 99, or before (the sol starts counting from the last time a payment, or charge is made, 30days after is the default, or date of last activity!) then you are past that. If they do try to sue you for them, you can use the SOL as your defense that the debt is time barred, and have the suit dismissed.

    Unfortunately by offering payment you have already acknowledged that the debts are yours, so validation will not do you any good at this point, but since they can't get away with a lawsuit, tell them to go pound sand, and they can't do anything to you!

    You are stressing over nothing, I am in a similar situation, just relax, and let them wish for their money.

    Since your are past the SOL, you can also send them a cease and desist letter, telling them that the debts are time barred, and you will no longer accept any form of contact, by phone, or in writing regarding them. Send the letter(s) certified mail, return receipt requested, so you have proof you sent them, and they can't deny receiving them.

    Since they have threatened suit past the SOL, that is a violation of the FDCPA, and you could file a complaint against them with your state Attorney General's office if you wish.

    Hope this helps, and makes you feel a little bit more relaxed! Go enjoy your kids and being a great mom!
  3. #3
    WCDavis559 is offline Junior Member
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    Question

    Thank you so very much for your advice

    I didn't know that I could send a letter. I don't have an address... should I call the company who now has my account and ask for one or should I wait for them to call again?

    My credit has been messed up since all of this has started in '98. I don't have any CCs & don't want any, but I would like to have this cleared from my credit report.

    How long can this follow me?? Can I declare bankrupcy without it affecting my husband's credit since it was before we were married?

    Can they sell it again to yet another company even if it's past SOL?


    Thank you again for reassuring me and you kind words
  4. #4
    Leinalani is offline Member
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    Quote Originally Posted by WCDavis559
    Thank you so very much for your advice

    I didn't know that I could send a letter. I don't have an address... should I call the company who now has my account and ask for one or should I wait for them to call again?

    My credit has been messed up since all of this has started in '98. I don't have any CCs & don't want any, but I would like to have this cleared from my credit report.

    How long can this follow me??

    Since your account is time-barred, it can't. It's passed the SoL. What that means is legally, the can't come after you. Your debt being time-barred (past the 5 year statute) is a viable/legal defense to you not paying it - ever. Zippy gave you good advice, find the address, send them both a letter. If they still take you to court, use the Statute of Limitations as grounds to having the case dismissed by the judge.

    Can I declare bankrupcy without it affecting my husband's credit since it was before we were married?

    Why would you want to? Do you have other debts besides these two? It your case, declaring BK might screw up your credit more than these two CCs have. Especially since you have to pay out of pocket for the legal fees, including a lawyer AND, if you and your husband have marital assets, BK might just take whatever it can.

    Can they sell it again to yet another company even if it's past SOL?

    If they did, the other company would just be in the same shoes as they are now. I would think that it wouldn't be a good business venture for another collection agency to purchase a debt that's past the SoL. But then again, I dunno what they'd do.


    Thank you again for reassuring me and you kind words
    Hope this helps....
  5. #5
    WCDavis559 is offline Junior Member
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    Thank you both very much That is such a relief!
  6. #6
    zippysgoddess is offline Senior Member
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    If another agency does purchase it, in spite of its being past the SOL, you can just send them the same letter you sent the other.

    As to sending them the letter, they are, by law, supposed to send you a letter in the mail, regarding the debt collection, within five days of their initial telephone contact with you. (If they don't, that's another violation.) So you can just wait and see if they send that letter, and then respond to it with yours. Much easier than talking to them on the phone.
  7. #7
    WCDavis559 is offline Junior Member
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    You have enlightened and easied my worries A TON with the great advice that you have given me

    I actually asked for Mastercard and Visa to send me a letter stating what I owed twice after getting numerous calls 5+ years after I canceled the cards or made any payments.

    Everytime I was told that they couldn't send me any letter, that it was in my best interest that they didn't, and they could only accept payment by phone with my banking info, which I never gave or agreed to do at anytime. (what I now know, thanks to you!) I'm sure glad that I didn't! Both of the companies have not only lied to me but have made numerous violations!

    I haven't recieved any kind if mail from either company with any of my account info in years.

    If I want to report this, how can I prove it?

    I haven't kept any info other than my own bank records and I have no idea the names of the many people that have contacted me. They don't even say which company that they are with when they call.

    I did get the extention, first, and last name of the lasted woman who called. But I don't have a company name she only said that she was going to forward my account info to the company attorney if I didn't pay her by Wed. Nov. 30

    I'm wondering if it's worth my time to try? or should I just let it go until they call me again? Let them give me their line, get as much info as I can about them and their company... tell them that I not only am not going to pay them because my account is SOL but I'm sending a letter and informing them now to never contact me in any way and that their company and they personally have made numerous violations that I am reporting.

    Thank you again for ALL of your time and advice!
  8. #8
    zippysgoddess is offline Senior Member
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    I am so glad that you are feeling better. If they have so many violations, I am not sure about how to prove it, but like I said you can contact your state attorney general's office about it, they handle complaints, and you can also check out this site from the FTC:

    [url]http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm[/url]

    This list all the stuff they aren't allowed to do, and also has more information for filing complaints and such.

    No, when they call don't tell them what you are planning, just get a company name, or the address if you can, then quit talking to them, and do the rest in writing. If you keep talking to them, they will just lie to you, and upset you more. Basically they want to intimidate you and scare you into paying it, and they will try anything they can to do it.

    Keep my email [email]verwon@gmail.com[/email], and bookmark these boards. If they call again and won't send a letter, or give you an address, at least get the collection agency name and let me know, or come back here, and someone can surely find the address for you.

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