Collection agency contacted me after 9 years.

[klous]

9 Years ago, Dec 14 1996 I lost control of my vehicle on a rain covered road and hit a tree resulting in a extended hospital stay(2.5-3 months), I thought all this was behind me years ago, hadn't heard from any collection agancies since atleast middle of 1997

 

At the time I received medical bills for $400,000 and my PIP insurace was only $20,000

 

All of the PIP money went to this one doctor the Orthopedic surgeon.

 

Collections agencies contacted me thruout 1997 and eventually just gave up. I heard nothing further from them until today.

 

A collection agency recently contacted me via mail, representing this doctors and saying a owed the amount of $25,000

 

Ive contacted the collection agency and told them that before I could confirm if the debt was accurate or not, I would need to see a compleat itemized statement regarding the supossed services rendered, they informed me I would need to request this information in writing. I have not in any way agreed that the debt is mine, so hopefully I havent already messed things up

 

After 9 years of no contact from collectors Under Texas/Federal law what are my options? Do I need a lawyer? Are they just going to keep coming around over and over again for the rest of my life?

Edited February 22, 2006 by klous

[klous]

Now, Im leaning more toward sending them a Do no contact letter of some sort instead, informing them that I do not wish to be contacted by them again.

 

My understanding of state law is that there is a Statue of Limitations on filing lawsuit for debts of 4 years, beyond that you cannot sue to collect a debt. Shouldn't this then mean that I should be safe from this debt stalking me for the rest of my life.

 

I can not afford to pay this. And my understanding of the law says I shouldn't have to not 9 years later? Am I missing something?

[Why Chat]

Now, Im leaning more toward sending them a Do no contact letter of some sort instead, informing them that I do not wish to be contacted by them again.

 

My understanding of state law is that there is a Statue of Limitations on filing lawsuit for debts of 4 years, beyond that you cannot sue to collect a debt. Shouldn't this then mean that I should be safe from this debt stalking me for the rest of my life.

 

I can not afford to pay this. And my understanding of the law says I shouldn't have to not 9 years later? Am I missing something?

You have been contacted by a "garbage" CA.

You have NO legal obligations to pay a RED CENT

 

You need to protect yourself against these con artist garbage scammers.

Get copies of your credit reports, Opt Out.

Check your reports carefully for any discrepancies and get them corrected, AFTER you have opted out.

 

If this current scam artist has only contacted you by phone, the next time they call say this " Please give me your name, and the name of your Company and address, please speak clearly as this call is being recorded."

 

Once you have an address, send them the dispute/validation/cease and desist letter from my website.

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

Edited February 22, 2006 by Why Chat

[klous]

I pulled my three credit reports today and they haven't reported anything to them, however I did see this

 

NCO GRP

Collection services

2/13/2006

 

Under credit inquiries from TRANSUNION, they pulled my credit report? Can they do that without my permission?

[klous]

Ok now what? I havn't mailed the letter yet, I did fax it to them, They called me today, they didn't expressly say they had received my letter but she indicated she was mailing me the itemized bill, and account information I had requested. She even asked "Do you have any intention to pay this bill" which I replied "I would need to verify the charges before I would agree to pay anything if at all" and of course they offered to settle the account for $15,000 which I also replied with "I would need to verify the charges before I would agree to pay anything if at all"

 

Im still going to mail the letter certified with return reciept to be certain they get it and so I have lawful proof that they did. But they obviously still think they are getting money from me, when do I let them know of the SOL?

[Why Chat]

Ok now what? I havn't mailed the letter yet, I did fax it to them, They called me today, they didn't expressly say they had received my letter but she indicated she was mailing me the itemized bill, and account information I had requested. She even asked "Do you have any intention to pay this bill" which I replied "I would need to verify the charges before I would agree to pay anything if at all" and of course they offered to settle the account for $15,000 which I also replied with "I would need to verify the charges before I would agree to pay anything if at all"

 

Im still going to mail the letter certified with return reciept to be certain they get it and so I have lawful proof that they did. But they obviously still think they are getting money from me, when do I let them know of the SOL?

You came to this forum for advice.

NO ONE suggested you "fax" a DV/C & D letter to a scum scam garbage CA.

You have NO proof that they received it, so you can't even file a FTC and AG complaint because of their unpermitted collection call.

NO ONE suggested you speak to them on the phone other than to tell them that the call was being recorded.

If you had sent the letter CMRR and they had called you after they had received it, you could have recorded the conversation and proved their violation.

 

Do what you wish, but don't come crying back here if they use your telephone conversation and faxed letter as an excuse to re-age the account and put it on your reports.They are thieves and crooks and scam artists.

 

The SOL letter is on my website, if you wish to MAIL it to them CMRR do so.

Edited February 24, 2006 by Why Chat

[klous]

Ok now what? I havn't mailed the letter yet, I did fax it to them, They called me today, they didn't expressly say they had received my letter but she indicated she was mailing me the itemized bill, and account information I had requested. She even asked "Do you have any intention to pay this bill" which I replied "I would need to verify the charges before I would agree to pay anything if at all" and of course they offered to settle the account for $15,000 which I also replied with "I would need to verify the charges before I would agree to pay anything if at all"

 

Im still going to mail the letter certified with return reciept to be certain they get it and so I have lawful proof that they did. But they obviously still think they are getting money from me, when do I let them know of the SOL?

You came to this forum for advice.

NO ONE suggested you "fax" a DV/C & D letter to a scum scam garbage CA.

You have NO proof that they received it, so you can't even file a FTC and AG complaint because of their unpermitted collection call.

NO ONE suggested you speak to them on the phone other than to tell them that the call was being recorded.

If you had sent the letter CMRR and they had called you after they had received it, you could have recorded the conversation and proved their violation.

 

Do what you wish, but don't come crying back here if they use your telephone conversation and faxed letter as an excuse to re-age the account and put it on your reports.They are thieves and crooks and scam artists.

 

The SOL letter is on my website, if you wish to MAIL it to them CMRR do so.

 

And Im still asking advice, Im sorry it seems Im crying, Im not an expert at this like some of you. I didn't have a adress to mail the letter only a phone number, a fax number and account number.

 

To get an address I either would have had to call them or wait for them to call me. I chose the later.

 

Whe she called this morning I got the address and mailed the letter CMRR. I fax the same letter yesterday, the one you had linked me before, I dont see how faxing the letter could be anything but helpful. If they don't have it already they will surely get it in the mail.

 

I haven't said anything on the phone that isn't in the letter, which as I said hadn't been mailed yet, Its been mailed now. I haven't agreed to pay anything or even recognize the debt is mine.

 

But Im still confused by the letter, the letter doesn't bring up the SOL or even refuse to pay the debt, so is there another letter for that?

 

Also I pulled my credit report yesterday and saw that apparently they pulled my report on the 13th, this is before they had even contacted me. How or why were they able to do this?

Edited February 24, 2006 by klous

[Why Chat]

And Im still asking advice, Im sorry it seems Im crying, Im not an expert at this like some of you. I didn't have a adress to mail the letter only a phone number, a fax number and account number.

 

To get an address I either would have had to call them or wait for them to call me. I chose the later.

 

Whe she called this morning I got the addre and mailed the letter CMRR. I fax the same letter, I dont see how faxing the letter could be anything but helpful. If they don't have it already they will surely get it in the mail.

 

I haven't said anything on the phone that isn't in the letter, which as I said hadn't been mailed yet, Its been mailed now. I haven't agreed to pay anything or even recognize the debt is mine.

 

But Im still confused by the letter, the letter doesn't bring up the SOL or even refuse to pay the debt, so is there another letter for that?

 

Also I pulled my credit report yesterday and saw that apparently they pulled my report on the 13th, this is before they had even contacted me. How or why were they able to do this?You hadn't opted out, so the data miners sold your information to the CA. You can dispute the inquiry to the CRA with a general dispute letter, (posted at the BOTTOM of the SOL letter page, and linked in the heading)You dispute accounts this way:

 

Dear CRA,

My name is xxxxx xxxxxx , my SS # is xxx xx xxxx.

I am sending this dispute certified mail # xxxx to make sure you receive it.

I have no knowledge or records of any account giving permissible purpose for the inquiry of xxx. I have sent a dispute of their claim to have a permissible purpose for their inquiry to them on xx xx xxxx.

 

Please advise me as to the name and address of the original creditor, the name of the account holder, and the reported date of first delinquency,on any account they are claiming as a reason for this inquiry.

 

If you can obtain this information, I also would need the name of the person providing this data, and the manner in which it was provided in order that I may pursue additional legal remedies.

Very truly yours,

 

xxxxxx

Make sure you HAND ADDRESS the envelope, use personalized stationery and purple or teal font, ( preferably italic).

 

DO NOT send it RR

If you sent them the dispute/validation/cease and desist letter from my website, you sent them a LEGAL demand to stop ALL collection activities unless they can PROVE that you owe the debt. The phrase "this is not a refusal to pay" in the letter is a LEGAL "fail-safe" as they can not use the letter against you as "a refusal to pay" which implies that you acknowledge that there IS a debt owed.

 

I doubt that you will need the SOL letter, however, if you want to make DOUBLY sure that they get the message, send them the SOL letter also.( use the 4 year UCC statute of your State).

Edited February 24, 2006 by Why Chat

[klous]

And Im still asking advice, Im sorry it seems Im crying, Im not an expert at this like some of you. I didn't have a adress to mail the letter only a phone number, a fax number and account number.

 

To get an address I either would have had to call them or wait for them to call me. I chose the later.

 

Whe she called this morning I got the addre and mailed the letter CMRR. I fax the same letter, I dont see how faxing the letter could be anything but helpful. If they don't have it already they will surely get it in the mail.

 

I haven't said anything on the phone that isn't in the letter, which as I said hadn't been mailed yet, Its been mailed now. I haven't agreed to pay anything or even recognize the debt is mine.

 

But Im still confused by the letter, the letter doesn't bring up the SOL or even refuse to pay the debt, so is there another letter for that?

 

Also I pulled my credit report yesterday and saw that apparently they pulled my report on the 13th, this is before they had even contacted me. How or why were they able to do this?You hadn't opted out, so the data miners sold your information to the CA. You can dispute the inquiry to the CRA with a general dispute letter, (posted at the BOTTOM of the SOL letter page, and linked in the heading)You dispute accounts this way:

 

Dear CRA,

My name is xxxxx xxxxxx , my SS # is xxx xx xxxx.

I am sending this dispute certified mail # xxxx to make sure you receive it.

I have no knowledge or records of any account giving permissible purpose for the inquiry of xxx. I have sent a dispute of their claim to have a permissible purpose for their inquiry to them on xx xx xxxx.

 

Please advise me as to the name and address of the original creditor, the name of the account holder, and the reported date of first delinquency,on any account they are claiming as a reason for this inquiry.

 

If you can obtain this information, I also would need the name of the person providing this data, and the manner in which it was provided in order that I may pursue additional legal remedies.

Very truly yours,

 

xxxxxx

Make sure you HAND ADDRESS the envelope, use personalized stationery and purple or teal font, ( preferably italic).

 

DO NOT send it RR

If you sent them the dispute/validation/cease and desist letter from my website, you sent them a LEGAL demand to stop ALL collection activities unless they can PROVE that you owe the debt. The phrase "this is not a refusal to pay" in the letter is a LEGAL "fail-safe" as they can not use the letter against you as "a refusal to pay" which implies that you acknowledge that there IS a debt owed.

 

I doubt that you will need the SOL letter, however, if you want to make DOUBLY sure that they get the message, send them the SOL letter also.( use the 4 year UCC statute of your State).

 

 

Thank you, You have been of great assistance. Is the inquiry something I should be concearned about? Is this a scammer CA normal first step before attempting to reage the account and report it?

 

I was unaware I could dispute a inquery, I had looked into the dispute options on Transunions website but they only seemed to mention dispuiting claims, not inquires.

[klous]

Im confused what this CA is doing. I think I screwed up at the very begining by even calling them to see what this was all about.

 

As I said my first post I received a collection letter on the 22nd, The woman handling the call told me that I would need to request information about the supposed debt in writing, and gave me their fax number.

 

I then worried about this and started doing research online landing myself here.

 

I didn't have a mailing address to Certify mail my letter to so I faxed WhyChats letter on the 23rd.

 

On the 24th they asking if I wished the information mailed to me and at what address. Obviously they had received my fax, I thought. But she did asked if I intended to pay this debt which I replied a hopefully inoculus "I would need to verify the charges before I would agree to pay anything if at all" Which is basically what I have said from the start.

 

I got an address and mailed the same dispute letter I had previously faxed certfied mail with return receipt.

 

Today I received from the CA mailed the morning of the 24th copies of Insurance claim forms the doctor had submited to my insurance way back in 1997 and a letter

 

"This is to confirm that we will accept $25,000 as payment in full on the above referenced account, if received by bankwire, Western Union Quick Collect, or express mail no later than 3-30-2006" followed by collection details like address to send payment and WesternUnion quickpay information.

 

So now I guess they didn't get the faxes and as of the morning of the 24th were still attempting to collect, or by some bizzare logic actually believe I have agreed to pay.

 

WhyChats letter has been mailed, around noon on the 24th have I screwed this up too much? Or Im just worrying about little mistakes? Or are little mistakes going to screw me? Whats to garantee they wont say I certified mailed them an empty envelope? I have the original of the letter but couldn't they simply claim that they didnt get it, that they got something else instead?

 

Im really worried, its effecting my sleeping, eating and enjoyment of recreational time such as playing games and watching TV.

 

Im planing on sending whychat's SOL letter tommorow, just to be certain. But this waiting is driving me crazy.