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SOL up on old debt

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C M Chase

Junior Member
Hiya Lady!! I found my way to yet another board. (As if I don't spend enough time on the net as it is!) :D ;)

I heard just a little bit about IAAL - I'm assuming that's someone's handle on this board? I've not had the pleasure yet. heh.

Yeah, Kallco, LB&N are a bunch of turds. We're in the process of trying to get those suckers flushed. :p
 

kallco

Member
So far, I've gotten 2 phone calls from the place that has my account that I've mentioned, since I mailed the letter to them via certified mail, telling them NOT to call me any longer. I know they've had enough time to get the letter---it will be 2 weeks on MOnday that it was sent. I've not got the form they were suppose to sign for it either.
I told my husband today, that if they keep calling, and such, that if I go into labor early, we will sue THEM!!!
I don't need this right now. I also had 2 people tell me today that if its that old, not to worry about it.
It takes up 2 30 days to hear from the BBB on something like this, and this company in the BBB database, they say is so new, they've not gotten much information on them....
 

C M Chase

Junior Member
Keep close tabs on who calls you and when. You can get a recording device from Radio Shack for fairly cheap that you can hook up to your phone and record. Oklahoma is a one-party state, which means you can record away without having to tell them.

If you don't have a recorder, have a pencil/paper next to the phone and jot down when they call, who it was, what they said, etc. It's easier to get violations on the phone...especially since they've already received the C&D.

Also, the green card should make its way back to you eventually. If not, assuming you sent it certified mail, you can look up on usps.gov by the cert number and find out exactly when they signed for it. You can print that page out and use it if you need to.
 

kallco

Member
Thanks chase----I have already been writing down who calls, and the date and time....and a gist of what they are saying...I didnt know that about the green card and looking it up though. I'll have to check that out.
Thanks!
 

kallco

Member
I checked the tracking number for the letter I mailed, and according to it, it was delivered on Feb. 10th---the same week that I mailed it.
Now the question is, what do we do next, since they have gotten it and they arent abiding by the request to not call!
 

NC_ConcernedMOM

Junior Member
Well

According to the FDCPA, collection agencies are allowed ONE final contact by phone to advise you that they HAVE received your letter and whether further action will be taken.


Me
 

C M Chase

Junior Member
Personally, I would write them again and say something like "I sent your company a request to cease communication on [DATE], which was received and signed for on [DATE]. Your company refuses to comply with such request and has contacted me on these dates/times: [date1], [date2], [date3], and [date4]. Your company has also broken federal statutes by [reason1] and [reason2]. Your company is now subject to fines of up to $xxxx for violations of the FDCPA. I again request that you cease communication with me regarding this alleged debt, as I don't believe I owe it [or whatever reason].

Do you have other violations? I bet you do somewhere along the line....you just need to find them.

Keep in mind, just assuming SOL is 5 years for argument's sake, according to your EX report, the SOL isn't up on this until April. That means they still have 2 months to sue you. However...you have the counterclaims and that's good for ya. They won't expect you to fight it in court, which we'll make sure you do, so that's another positive. If they can't get a default judgment, most of 'em don't mess with you.

You'd make them show you copies of all the statements and contracts and everything, which they won't have. You won't lose this one, don't worry...but don't give up. :D
 

kallco

Member
:) We have already thought about sending another letter, and letting them know that we know for a fact, due to tracking numbers that they have received the other letter we already sent.

The last company that we heard from was 2 years ago, and they harrassed me, after me telling them over the phone twice not to call any more. Course, once I reported them calling anyhow to the BBB and the FTC, they denied it---to cover their butts, of course. But, you know, its interesting....thats when we stopped hearing from them, was after the BBB contacted them. And, have heard nothing from anyone till now.

When all this started a long time ago with this credit card, it was so bad, that my health was affected and I had to go on meds for all the stress from people calling and harrassing me on it. Course, now, I've learned not to answer the phone and even try to talk to any of these people.

Ya, we can ask for statements and stuff, and they won't have anything. The only thing that they would have, would be from when the credit card was first opened in Jan. of 2000.

Thanks..any additional input is appreciated!!! :)
 

guest.

Member
Make sure no letters you send them acknowledge the debt in any way. Any written and signed acknowledgement of the debt (even one pointing out facts relating to SOL) may re-set the clock as indicated by case law.
 

kallco

Member
Just tell them again to leave me alone basically, and to not call? and mention the things that chase mentioned...I've been keeping track of the dates and times that folks have called and gotten names as well.....the bad thing about that is, names is something that places like that use---false names....the last place we reported, I mentioned a name and they tried to tell me that no one by that name worked for them. talk about interesting!! :confused:
Thanks...i'll remember not to mention the sol.
 

guest.

Member
:D Yeah, they all use fake names except collection attorneys. Don't want anyone insane googling them down and taking care of business.
 

kallco

Member
The 2 times they've called since getting my other letter, they've left the same message that they did before I sent it...that time is of the essance and that I need to call them back...which is the gist of what most of those places say, so that you will call them back.
Which, as I've already said, I won't call them back. i'm not going to subject myself to further harrassment...I've been there and done that with something 3 years ago of my husbands, and this person told me I was ignorant because I wouldnt talk to them, that they needed to call back and talk to my husband instead.
 

guest.

Member
If you have a recorder, answer the phone, and are harrassed, you could see next years Daytona in HDTV :D

The percentage of people who know their rights are so minute, when you do answer the phone, they will violate the FDCPA.
 

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