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tongresman

CA sold the account to another CA

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CA unable to collect due to time barred debt sold the account to another CA. The new CA sent me a collection letter and I sent them a validation letter. What should I do next to stop them selling the account to another CA?

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CAs are hired by the OC to collect. pretty sure you're talking about a JDB.

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The new collection letter needs to reference the debt is time-barred and if older than 7YRS from DOFD, that they won't report it either.

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Thanks for all the response, the debt past the SOL and Credit Reporting Time. I need to know how to stop them selling uncollected debt to another CA?

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I need to know how to stop them selling uncollected debt to another CA?

they can keep selling it forever.

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I need to know how to stop them selling uncollected debt to another CA?

they can keep selling it forever.

 

 

True...but if OP gets them on a violation and is serious about suing the CA/JDB over it, that could put it to bed forever. It's been done.

 

It's false/misleading representation in connection with the collection of the debt if they aren't giving OP his FULL rights.

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The new collection letter needs to reference the debt is time-barred and if older than 7YRS from DOFD, that they won't report it either.

Not trying to thread-jack but have been wondering if this is accurate. I see that the bigger scumbags like Midland are adding that wording but is it required to be on any dunning letter from any JDB? If it is required, can somebody point me to what Act/Statute/Law etc that requires it please. It would be great if that is the case btw, I am just trying to be certain of this myself. Thanks.

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The new collection letter needs to reference the debt is time-barred and if older than 7YRS from DOFD, that they won't report it either.

Not trying to thread-jack but have been wondering if this is accurate. I see that the bigger scumbags like Midland are adding that wording but is it required to be on any dunning letter from any JDB? If it is required, can somebody point me to what Act/Statute/Law etc that requires it please. It would be great if that is the case btw, I am just trying to be certain of this myself. Thanks.

 

 

Case law would be great if someone could point to it.....but this is from the FDCPA:

 

§ 807. False or misleading representations [15 USC 1692e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

(2) The false representation of --

(A) the character, amount, or legal status of any debt; or

 

 

If a debt is time barred, it's legal status is dead. They can't send a consumer a dunning letter asking for payment with the standard "otherwise we will assume this debt is valid".....etc etc etc.... ... when it's not!

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The new collection letter needs to reference the debt is time-barred and if older than 7YRS from DOFD, that they won't report it either.

Not trying to thread-jack but have been wondering if this is accurate. I see that the bigger scumbags like Midland are adding that wording but is it required to be on any dunning letter from any JDB? If it is required, can somebody point me to what Act/Statute/Law etc that requires it please. It would be great if that is the case btw, I am just trying to be certain of this myself. Thanks.

 

It is not required by statute, but it was in a consent decree, FTC vs Asset Acceptance. They are the only JDB that is REQUIRED to use this. AA was purchased by Encore Capital Group (Midland), and IIRC they are putting that verbiage in letters on any accounts that were acquired in the purchase of AA. Some others probably use it also, although it's not required...trying to stay ahead of the curve, I would imagine.

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