Debt Collections-Original Creditor

[jammers]

What is the name of your state? California
Okay 1 more question and I promise to try to quit bothering you guys. You all have been great and helped so much.

My question is since I never received any documentation besides the first letter that vechicle was in recovery/recoup letter. Wachovia stats they do not need to send anything else".

When I spoke with them acouple of days go I did request they send documentation regarding this matter, they said they would send me a printout they had on computer and that WAS a collection letter.

They stated that they are sending account to 3rd party collection. Do I wait to hear from 3rd party or would it be in my best interest to try and nip this in the bud with Wachovia-The SOL is 3, 2 without documentation being sent and it is past 3 year SOL (lady at collection depart at Wachovia stated she had never heard of that. Also, is it true that the creditor (wachovia) is under the FDCPA rules in NC and FL.

 

[Ladynred]

Wachovia is wrong in its belief that they were not required to send you any other documentation. I gave you the applicable UCC code to prove it to them.

Finally, the SOL in NC is THREE YEARS - period. If its been more than 3 years since the repo, then they haven't a legal leg to stand on, the SOL applies no matter WHO is trying to collect. Send them the SOL letter and tell 'em to get bent, the debt is time-barred.

 

[jammers]

Debt Collection-Original Creditor

Thanks so much Ladynred. You are a kind soul. Any advice which is the best letter to send to send. There seems to be quite a few to choose from.

 

[Ladynred]

I always recommend this one:

http://whychat.5u.com/nottoca.html

The statutes you need are on the same site.

 

[jammers]

Debt Collections

Thank you kindly!!!