Merchants' CG - rec'd Affidavit of Debt - what do i do now?

[jlynne]

Oregon - Sorry...my husband was residing in Washington at the time of this card was open.

My husband received a letter from Merchants' Credit Guide Co stating that he owe $104.81. I've spoken with them (Merchants) and was told it was for Sprint calling card (?) that was open in June 1996. He does not remember if whether he ever had the card or not. I've checked his credit report and there's no collection info on there and no collection attempts have been made until now.

I've sent a letter requesting validation and they send a letter back (from Alegis Group LP) stating, "Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed.....no obligation to forward copies of bills or other detailed of debt... They enclosed a Affidavit of Debt that was notarized. States that the debt was purchased by Sherman Acquisition II LP from OSI/Spring on 10.30.02.

What do I do now? Any advice? Thank you!!

[Veronica1228]

Originally Posted by jlynne

Oregon

My husband received a letter from Merchants' Credit Guide Co stating that he owe $104.81. I've spoken with them (Merchants) and was told it was for Sprint calling card (?) that was open in June 1996. He does not remember if whether he ever had the card or not. I've checked his credit report and there's no collection info on there and no collection attempts have been made until now.

I've sent a letter requesting validation and they send a letter back (from Alegis Group LP) stating, "Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed.....no obligation to forward copies of bills or other detailed of debt... They enclosed a Affidavit of Debt that was notarized. States that the debt was purchased by Sherman Acquisition II LP from OSI/Spring on 10.30.02.

What do I do now? Any advice? Thank you!!

There are so many things wrong here that if I tried to respond to them all I'd probably sprain my finger. Instead I'm just going to touch on the most important one.

If this debt is not on your husband's CR then it is most likely more than 7 years old. If that is the case, SOL in the state of OR is 6 years for all debt. I suggest you verify the date of last activity and then send them a C&D letter by CRRRM. Below is a link where you can find sample letters as well as other important information regarding your rights under the FDCPA.

[url]http://www.creditinfocenter.com/[/url]

[Ladynred]

Further, you must specifically dispute and reject their phoney 'affidavit', if you do not, it means you 'agree' with what they said in it and it creates an 'account stated', which gets them around the SOL !!