First Nattional Collection

[cadsmarts]

Hey everyone,

 

I just received this letter below from First National Collection Bureau. It is in reference to a very old First Premier Card. There is only about 1 year left on the reporting statues and is well past the 4 year SOL of Texas. First National is not reporting because First Premier has not transfered the account to them, they just hired them to collect, First Premier still reports the balance of the charge-off. Since this is so old I just want to keep it off my reports, or any potential of it getting on my reports.

 

Also in the letter, FNCB never represents the alledge debt as past the SOL, that is a miss-representation of the debt. Also in the right upper area it seems like they are using a scare tactic in the amounts due section. They have a court cost section listed as a zero balance and also attourny fees listed as a zero balance. This seems like a veiled threat of court action on an inactionable account, is this legal?

 

Should I go FOAD or DV in this situation?

 

Here is the letter.

 

Thanks so much!

 

D

[moosetracks]

IMO you would use the FOAD since it is past the SOL

[JunkBuyersWorstNightmare]

Depends on whether or not you're in a mood to play with them and rack up additional violations.

[cadsmarts]

I really at this point just want them to go away and keep them off my reports. Seeing that First Premier is still reporting and holds the balance, this should keep First National from reporting. So JunkBuyer do you think FOAD is appropriate here? Also out of curiosity what do you mean by playing with them to get additional violations?

 

If I go with FOAD here is my draft letter.

 

 

To Whom it may concern :

I received a letter from your office on 02/12/2013 over an alleged debt with First Premier Bank. I have no knowledge about a past due amount owed to First Premier Bank .

Under Texas Civil Practice and Remedies Code Title 2, Subtitle B, Chapter 16, the subject account has a (4) year limit for filing any legal action or collection.

The starting date of this statute of limitations being either, the date of the last mutual activity, or the date of first default with the

original creditor of the subject account. The original creditor is First Premier Bank, which you stated in your letter to me dated 02/07/2013.

This notification is formal notice to you that any filing of such action by you, or your representativesor assignees, is therefore time-barred.

I would like to make it clear that you are misrepresenting this alleged debt as actionable and due.

This is a clear violation under TFC 392 and under FDCPA 15 U.S.C.

In your fees section of your letter you show Attorney’s Fee's and Court costs. Although these fees are listed as $0.00 you a representing that there may be fees
assessed at a future date. Which in turn misrepresents that this account is still actionable. Also no where in your letter do you state that this debt is time-barred, therefore once again misrepresenting the legal status of this debt.

Please note that proof of your receipt of this notice may be used by me or my legal representative in further action.

Since this alleged debt is clearly past the legal time frame for continued collection activity, you will cease any further contact with me.

You are not to sell, transfer, assign, or share any information about me or this alleged debt with anyone else.

 

 

 

Don't chew me up to bad, lol still learning. Also they did call me twice in about 5 minute spans before I got my first letter. There were both automated dialer calls, out of fear they would not stop calling I answered and had to use the dial pad to get to an individual to tell them not to call anymore. Is there any violation for using an automated dialer with a recording on the other end?

 

 

Thanks,

 

D

[cadsmarts]

Any advice?

 

Thanks,

 

D

[cadsmarts]

I am looking to get a letter out this week and I would really like some comments on my letter, or if going another route would be more appropriate. I know everyone is busy and I truly appreciate any advice that is given to me. I am scared of making the wrong choice and making things harder on myself.

 

Thanks again,

 

 

D

[cadsmarts]

Hey everyone. I am looking to send this letter today. I was just wondering if there is anything in my above letter that I should not include.

 

Thanks,

 

D

[cadsmarts]

Should i add this?

 

 

Furthermore,
a Demand for payment after the statute of limitations has passed has
been considered a violation of the FDCPA
and AS you've probably read the latest FTC consent order and
complaint with Asset Acceptance ( Jan, 2012) , it is considered a
deceptive act or practice in violation of Section 5(a) of the FTC
Act, 15 U.S.C. § 45(a)

1) To demand that
consumers pay, in full or in part, debts that are beyond the statute
of limitations. By demanding that consumers pay these debts, you have
represented, expressly or by implication, that consumers owe these
debts in the amounts demanded.

2) and you have failed
to disclose, or failed to disclose adequately, that, in many
instances, (a) ( JDB or Creditors name ) cannot require through a
lawsuit that consumers pay debts beyond the statute of limitations,
and ( b if consumers make partial payments on these debts, the
statute of limitations period will be renewed.

 

 

thanks,

 

D

[cadsmarts]

Here is the original letter again, sorry for some reason the link died.

 

[ICANHASMUNY?]

yeah, demanding payment after SOL has passed and the court costs section.....

 

find a lawyer to review it.

 

send them a letter asking for information. don't send a usual DV.

 

RE; account #_________________

 

 

Dear First National,

 

 

I don't recall or recognize this debt. When did this debt accrue?

 

Please provide the date that First Premier Bank states I defaulted on the account, and what the Balance was at that time.

 

sincerely,

 

Cadsmart.

[cadsmarts]

Ok,

 

So I sent my letter out, FOAD to the collector. Today I get an alert of new derogatory info. This account was charged off in the first month of 2008, after the charge of reported there was no reporting to the big three since. This morning I wake up and First Priemeir updated the acount for March and Eperian listed it as a KD (Key Deragatory). My question is can they do this? The KD already happened and was reported a very long time ago. Also will this drop my score? I have 4 collections left and they report KD every dang month, but it does not seem to affect my score as the actual event took place so long ago. Is there anything I should do, or shoulf I let it be. First Premier still reports the balance so they have not sold.

 

 

Thanks,

 

D

[ICANHASMUNY?]

why didn't you send the letter I suggested?

[cadsmarts]

Unfortunatly I sent my letter before yours was posted. sorry.

 

D

 

So any other advice?

[Clydesmom]

Should i add this?

 

 

Furthermore,

a Demand for payment after the statute of limitations has passed has

been considered a violation of the FDCPA

and AS you've probably read the latest FTC consent order and

complaint with Asset Acceptance ( Jan, 2012) , it is considered a

deceptive act or practice in violation of Section 5(a) of the FTC

Act, 15 U.S.C. § 45(a)

1) To demand that

consumers pay, in full or in part, debts that are beyond the statute

of limitations. By demanding that consumers pay these debts, you have

represented, expressly or by implication, that consumers owe these

debts in the amounts demanded.

2) and you have failed

to disclose, or failed to disclose adequately, that, in many

instances, (a) ( JDB or Creditors name ) cannot require through a

lawsuit that consumers pay debts beyond the statute of limitations,

and ( b if consumers make partial payments on these debts, the

statute of limitations period will be renewed.

 

 

thanks,

 

D

 

You have misinterpreted what those section of the FDCPA say. It is illegal for them to threaten legal action when the JDB knows they cannot take it. It is illegal for them to post it on your CR after the 7 year reporting time at first default. They can demand payment until the end of time if they want and that IS legal. Once it goes beyond the 7 year reporting and the SOL then it becomes zombie debt and legally uncollectable but that doesn't mean they have to stop trying. That is why the FOAD letter is so important when you know debt is beyond BOTH limits. Then if they continue to contact you there is basis for a lawsuit.

 

You were too soon with the FOAD letter. While they can't sue you they can still report the debt. According to your first post there is one year left for them to report the debt to the CRAs. I think you miscalculated that date. If they charged off the account in January 2008 then the first default would have been July 2007. So if you defaulted then the earliest it would drop off would be December 2014 based on the 7.6 year reporting on CRs. What you do not have to live with is inaccurate information. Make sure that they didn't re-age the debt and that all information is correct.

[ICANHASMUNY?]

 

Should i add this?

 

 

Furthermore,

a Demand for payment after the statute of limitations has passed has

been considered a violation of the FDCPA

and AS you've probably read the latest FTC consent order and

complaint with Asset Acceptance ( Jan, 2012) , it is considered a

deceptive act or practice in violation of Section 5(a) of the FTC

Act, 15 U.S.C. § 45(a)

1) To demand that

consumers pay, in full or in part, debts that are beyond the statute

of limitations. By demanding that consumers pay these debts, you have

represented, expressly or by implication, that consumers owe these

debts in the amounts demanded.

2) and you have failed

to disclose, or failed to disclose adequately, that, in many

instances, (a) ( JDB or Creditors name ) cannot require through a

lawsuit that consumers pay debts beyond the statute of limitations,

and ( b if consumers make partial payments on these debts, the

statute of limitations period will be renewed.

 

 

thanks,

 

D

 

You have misinterpreted what those section of the FDCPA say. Actually, that's copied directly from the FTC's consent order agains Asset acceptance. so he's good.

http://www.ftc.gov/opa/2012/01/asset.shtm

It is illegal for them to threaten legal action when the JDB knows they cannot take it. It is illegal for them to post it on your CR after the 7 year reporting time at first default. They can demand payment until the end of time if they want and that IS legal. Once it goes beyond the 7 year reporting and the SOL then it becomes zombie debt and legally uncollectable but that doesn't mean they have to stop trying. That is why the FOAD letter is so important when you know debt is beyond BOTH limits. Then if they continue to contact you there is basis for a lawsuit.

 

You were too soon with the FOAD letter. While they can't sue you they can still report the debt. According to your first post there is one year left for them to report the debt to the CRAs. I think you miscalculated that date. If they charged off the account in January 2008 then the first default would have been July 2007. So if you defaulted then the earliest it would drop off would be December 2014 based on the 7.6 year reporting on CRs. What you do not have to live with is inaccurate information. Make sure that they didn't re-age the debt and that all information is correct. yes.

[cadsmarts]

Ok,

 

So this weekend I get what seems to be like a generic responce from First Premier that is making a claim that they received a letter but are not sure what I am disputing. Well I did not dispute anything, I made statements that is it. The letter is below.

 

 

One thig is that I dont want this reported as disputed as I did not dispute this trade line. Should I respond to this? If so how, I have never recieved a letter so off base. Basically they did not address anything in my letter and went off on their own path. No where in my letter to their collection agency did I use the words dispute or validate.

 

Any advice would be great!

 

Thanks,

 

D

[cadsmarts]

Anyone? I really have no idea how to respond to this, as I never actually disputed anything.

 

 

Thanks,

 

 

D

[cadsmarts]

Ok, I am thinking of sending a simple letter that says what dispute are you talking about? I have not mailed anything to First Premier Bank that stated I dispute something.

 

Are they pulling at the straw that in the letter I sent first national where I stated I have no knowledge of a past due amount? Stating I have no knowledge of a past due amount is not the same as saying I dispute the past due amount. And if they were grasping at that statement, then technicaly they would be under the impression that I am disputing the past due amount. But clearly I did not dispute anything.

 

Any insight will be greatly appreciated.

 

Thanks

 

D

[adamst49]

I have a similar letter from Midland after I sent them a letter. I believe it is just a form letter to get past the 30 day initial contact period. I think they want to wear you down and get more information from you to collect the debt .They want to be a pain in your A**

 

But what to do Im looking for the same info. But mine is within SOL. Just 4 years old.

 

I would try the simple letter from ICANHASMUNY? Or maybe he will pitch in again.

 

Good Luck

[ICANHASMUNY?]

she, not he.

[cadsmarts]

Ok so yeasterday I get another letter from First Premier. Here it is below.

 

 

I find this all quite amusing as both letters I have received have absoloutly nothing to do with the content I sent to First National Collection. I never disputed anything nor did I question the reporting statute of limitations. My letter was about letting them know that their SOL for legal action has expired and some other legal references to that. I am starting to think that they are just shooting in the dark because the person or individuals putting these letters together are way off base from the original communication. Plus they sent me consecutive letters very close in time frame. It just seems like they don't know how to respond to my letter.

 

I would like to respond to both of these letters in one shot but I am truly clueless on how to do this. They are just not based on anything in my original letter.

 

ICANHASMUNY? I hope you can help me with this, I am not sure how to proceed. I find it intersting they give me 14 days to respond to their original letter, and then they follow up with another non related letter before the 14 days are up. Go figure.

 

 

Thanks do much,

 

D

[ICANHASMUNY?]

sounds like they recalled the debt from first national, or first national sent it back to FP.

 

just some CSR who's sending you std CYA Form letters.

 

probably not allowed to address anything specifically, probably wouldn't know what to say if they were allowed.

 

probably doesn't have a clue.

 

 

The seven year reporting period starts on the date the account is charged off or sent for collections.

 

§ 605. Requirements relating to information contained in consumer reports [15 U.S.C. §1681c]

 

(a) Information excluded from consumer reports. Except as authorized under subsection ( of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:

 

 

4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.

 

let it lay - it's going to fall off?

 

you don't have to respond at all

[cadsmarts]

Ok thanks so much for the input. Yes it is due to fall off soon so I will let it lay.

 

Thanks again,

 

D