Critique my Dynamic Recovery Solutions FOAD letter

[vodka]

Hi everyone,

 

I was planning on lurking longer before making a post but I received a collections letter in the mail this week and I need some help.

 

in 2007-2008 I had some financial troubles and ran up two credit cards. Before I found CB I had no idea what I was doing and I made every mistake in the book with my HSBC account. I ignored everyone until I got sued, showed up in court alone and unprepared, accepted a judgment against me for the full amount, and then spent the next year paying off the full amount of the original debt, court fees, and interest.

 

I'm trying to not make any mistakes with the second account, which was with Bank of America. My last payment to them was in April of 2008, the account went delinquent the next month, and I never made another payment with them. The statue of limitations for Pennsylvania is four years, so the debt became time-barred in 2012.

 

This week I received a letter from Dynamic Recovery SOlutions in Greenville, SC. From searching around on CB they appear to be a JDB and going after time-barred accounts with ridiculous markups seems to be their MO.

 

I believe my best course of action is to send them a FOAD letter. Is that correct? If so, please critique the below letter I typed up. If it's not correct, I'll be happy to hear any other suggestions.

 

(My info here)

 

Dynamic Recovery Solutions

PO Box 25759

Greenville, SC 29616

 

04/19/2014

 

Regarding your collection attempt dated 4/7/2014 and received 4/14/2014:

 

I am unaware of any past due account with the original creditor Bank of America N.A. in the amount of $16,737.36.

 

Any collections activity or legal filing would be subject to Pennsylvania’s four year statute of limitations as covered under 42 Pa. Cons. Stat. § 5525. I do not have any accounts with Bank of America N.A. that are within Pennsylvania’s four year statute of limitations.

 

As such, this letter is my formal notice to you that any attempt to collect on any Bank of America N.A. account would be time-barred.

 

I will consider any further reporting of your collection attempts to any credit reporting agency to be extortion and I will react accordingly to protect my rights as detailed under the FDCPA.

 

Upon receipt of this letter, please cease contacting me in any form, including but not limited to mail and phone calls. Furthermore, cease reporting to the credit reporting agencies and do not share any information about me or this alleged debt with anyone else.

 

Thank you for your prompt action.

 

(My name here, typed but not signed)

 

 

And then I send this out CMRRR on Monday?

Edited April 19, 2014 by vodka

[Sandscrit]

Hi everyone,

 

I was planning on lurking longer before making a post but I received a collections letter in the mail this week and I need some help.

 

in 2007-2008 I had some financial troubles and ran up two credit cards. Before I found CB I had no idea what I was doing and I made every mistake in the book with my HSBC account. I ignored everyone until I got sued, showed up in court alone and unprepared, accepted a judgment against me for the full amount, and then spent the next year paying off the full amount of the original debt, court fees, and interest.

 

I'm trying to not make any mistakes with the second account, which was with Bank of America. My last payment to them was in April of 2008, the account went delinquent the next month, and I never made another payment with them. The statue of limitations for Pennsylvania is four years, so the debt became time-barred in 2012.

 

This week I received a letter from Dynamic Recovery SOlutions in Greenville, SC. From searching around on CB they appear to be a JDB and going after time-barred accounts with ridiculous markups seems to be their MO.

 

I believe my best course of action is to send them a FOAD letter. Is that correct? If so, please critique the below letter I typed up. If it's not correct, I'll be happy to hear any other suggestions.

 

(My info here) + mail receipt number

 

Dynamic Recovery Solutions

PO Box 25759

Greenville, SC 29616

 

04/19/2014

 

Regarding your collection letter dated 4/7/2014 and received 4/14/2014:

 

 

Any collection activity or legal filing would be subject to Pennsylvania’s four year statute of limitations as covered under 42 Pa. Cons. Stat. § 5525. It is also a violation of the FDCPA to bring a suit forward on a time barred debt so you are forewarned.

 

As such, this letter is my formal notice to you that any attempt to collect on any alleged Bank of America N.A. account would be time-barred.

 

 

 

Do not call me at anytime, all calls are inconvenient. Any future communications are to be sent by USPS only.

 

 

 

(My name here, typed but not signed)

 

 

And then I send this out CMRRR on Monday?

[TX-Bluebonnet]

Another option is to go the BBB route. I was just reading their responses to a bunch of complaints they received, and their stock answer is in the quote below (bold font my emphasis):

 

Dynamic Recovery Solutions, LLC (DRS) is a collection agency that collects on past due accounts for our clients. In the collections industry our client may sell their unpaid accounts several times and to several different businesses over the years. Due to several business exchanges, it is possible that a mistake could have been made.

Per company policy when a complaint of this nature is received the account is placed in a “cease & desist” status. We have flagged the account accordingly. It has been closed in our office and returned to our client. There will be no further collection activity from DRS regarding this account.

[ICANHASMUNY?]

Hi everyone,

 

I was planning on lurking longer before making a post but I received a collections letter in the mail this week and I need some help.

 

in 2007-2008 I had some financial troubles and ran up two credit cards. Before I found CB I had no idea what I was doing and I made every mistake in the book with my HSBC account. I ignored everyone until I got sued, showed up in court alone and unprepared, accepted a judgment against me for the full amount, and then spent the next year paying off the full amount of the original debt, court fees, and interest.

 

I'm trying to not make any mistakes with the second account, which was with Bank of America. My last payment to them was in April of 2008, the account went delinquent the next month, and I never made another payment with them. The statue of limitations for Pennsylvania is four years, so the debt became time-barred in 2012.

 

This week I received a letter from Dynamic Recovery SOlutions in Greenville, SC. From searching around on CB they appear to be a JDB and going after time-barred accounts with ridiculous markups seems to be their MO.

 

I believe my best course of action is to send them a FOAD letter. Is that correct? If so, please critique the below letter I typed up. If it's not correct, I'll be happy to hear any other suggestions.

 

(My info here)

 

Dynamic Recovery Solutions

PO Box 25759

Greenville, SC 29616

 

04/19/2014

 

Regarding your collection attempt dated 4/7/2014 and received 4/14/2014:

 

I am unaware of any past due account with the original creditor Bank of America N.A. in the amount of $16,737.36.

 

Any collections activity or legal filing would be subject to Pennsylvania’s four year statute of limitations as covered under 42 Pa. Cons. Stat. § 5525.

 

I do not have any accounts with Bank of America N.A. that are within Pennsylvania’s four year statute of limitations.

 

As such, this letter is my formal notice to you that any attempt to collect on any any action on the subject Bank of America N.A. account would be time-barred.

 

I will consider any further reporting of your collection attempts to any credit reporting agency to be extortion and I will react accordingly to protect my rights as detailed under the FDCPA.

 

Upon receipt of this letter, please cease contacting me in any form, including but not limited to mail and phone calls.

 

Furthermore, cease reporting to the credit reporting agencies and do not share any information about me or this alleged debt with anyone else.

 

Thank you for your prompt action.

 

(My name here, typed but not signed)

 

 

And then I send this out CMRRR on Monday?

 

 

they can attempt to collect forever, unless you live in Wis or Miss. where the Statute of limitations is also a statute of repose

 

if they are just a CA, not a JDB - if they return the account to the OC, they have to delete the reporting .

[vodka]

Thanks all for the info. I appreciate the help.

[vodka]

 

Another option is to go the BBB route. I was just reading their responses to a bunch of complaints they received, and their stock answer is in the quote below (bold font my emphasis):

 

Dynamic Recovery Solutions, LLC (DRS) is a collection agency that collects on past due accounts for our clients. In the collections industry our client may sell their unpaid accounts several times and to several different businesses over the years. Due to several business exchanges, it is possible that a mistake could have been made.

Per company policy when a complaint of this nature is received the account is placed in a “cease & desist” status. We have flagged the account accordingly. It has been closed in our office and returned to our client. There will be no further collection activity from DRS regarding this account.

 

 

TX-Bluebonnet, thank you! Got this in response to my BBB complaint today:

 

"In regards to Mr. (Deleted)'s request for Dynamic Recovery Solutions, LLC (DRS) to stop reporting this debt, we have submitted a request for the inquiry to be removed from Equifax."

 

They're putting me in Cease & Desist status and returning the account to the OC! Thanks again. I wouldn't have even thought of the BBB.

[TX-Bluebonnet]

 

 

Another option is to go the BBB route. I was just reading their responses to a bunch of complaints they received, and their stock answer is in the quote below (bold font my emphasis):

 

Dynamic Recovery Solutions, LLC (DRS) is a collection agency that collects on past due accounts for our clients. In the collections industry our client may sell their unpaid accounts several times and to several different businesses over the years. Due to several business exchanges, it is possible that a mistake could have been made.

Per company policy when a complaint of this nature is received the account is placed in a “cease & desist” status. We have flagged the account accordingly. It has been closed in our office and returned to our client. There will be no further collection activity from DRS regarding this account.

 

 

TX-Bluebonnet, thank you! Got this in response to my BBB complaint today:

 

"In regards to Mr. (Deleted)'s request for Dynamic Recovery Solutions, LLC (DRS) to stop reporting this debt, we have submitted a request for the inquiry to be removed from Equifax."

 

They're putting me in Cease & Desist status and returning the account to the OC! Thanks again. I wouldn't have even thought of the BBB.

 

Awesome! Great job, and thanks for reporting back.