Question on SOL and a Collection Agency trying to collect...

[ryllz]

Hi All,

 

Im hoping someone can provide me some guidance here.. I had an old account from Juniper from 2006. I had 2 CA's (LHR and Ascension) trying to collect on this in my report. I DV'd both of them last month and disputed with the CRA's and the entries are now off my Credit Reports. However, I received 2 letters from one of the CA's (Ascension) attempting to validate this debt. They included the ff. information per my DV letter:

 

Original Creditor: Juniper Bank

Current Owner of Account: Ascension Services

Ascension ID: 114xxxxxxx (listed their ID i just x'd out some info intentionally)

Original Account Number: 5148xxxxxxxxxxxxx (listed full account number)

Last Payment Date at creditor: 4/16/07

Open Date: 10/26/06

Principal Balance: $1,162

Interest Balance: $1,170

Total Balance: $2.332

 

it is signed as: Respectfully, Customer Services Ascension Services, LP

 

The original DV letter I sent last month listed my current address on the header yet they sent the 2 letters as a response to my parents old house in Illinois which they no longer live in for about 9 months. The post office forwarded the letters to my parents new home in PA which they then forwarded to me in CA. The DV letter i sent explicitly and clearly listed my new address in California which i told them to use for any correspondence with me yet they sent 2 response letters to my parents old home that i have not lived in for over 15 years!! Are they intentionally doing this for some reason??

 

My questions are:

 

- Is this debt out of SOL and can they legally report it again to reflect in my CR's? (Debt was incurred while living in Illinois. I have since moved to California since 2011.)

- Are they able to sue me for this debt?

- What can i do to prevent these guys from coming after me again?

 

Any insights or advice you guys can provide would be greatly appreciated. Thank you in advance for your help!

 

 

 

[breeze]

It should be beyond the SOL. May be deliberate, or could be just dumb.

[ICANHASMUNY?]

out of SOL in all the states;

 

Illinois, 5 years

 

PA 4 years

 

CA 4 years.

 

also, did they ask you for a payment or offer a settlement? recent case law states they have to notify you of the fact it's beyond the SOL.

 

The Court of Appeals reversed McMahon and affirmed Delgado. The decision does not prohibit the collection of time barred debt where there is no threat of litigation, but makes actionable under the FDCPA a communication that seeks payment of a time barred debt by misleading “an unsophisticated consumer into believing that the debt is legally enforceable, regardless of whether the letter actually threatens litigation.”

 

this should fall off your reports in November this year

[ryllz]

thank you so much all for easing my mind on this... wasnt sure how i was going to respond to these guys... their response did not include a settlement offer of any kind. Underneath the info i posted they included " We are writing you today to notify you that we have updated that status of your credit bureau trade line to reflect your ongoing dispute. Please allow up to 90 days for this change to appear. We will be continuing to review your dispute internally. You will be notified in writing as each stage is completed."

 

My concerns are that I have been able to dispute the TL's off of my report and its no longer showing. Can they still have the CRA's reenter this information? I fear this may cause my new Credit Line issuers to AA my accounts if they get this debt re-entered. Also, should i reach out to them to let them know that they are sending correspondence to an old address inspite of me giving them my new address in my original DV letter? or should i just sit and not do anything else??

out of SOL in all the states;

 

Illinois, 5 years

 

PA 4 years

 

CA 4 years.

 

also, did they ask you for a payment or offer a settlement? recent case law states they have to notify you of the fact it's beyond the SOL.

 

The Court of Appeals reversed McMahon and affirmed Delgado. The decision does not prohibit the collection of time barred debt where there is no threat of litigation, but makes actionable under the FDCPA a communication that seeks payment of a time barred debt by misleading “an unsophisticated consumer into believing that the debt is legally enforceable, regardless of whether the letter actually threatens litigation.”

 

this should fall off your reports in November this year

[ICANHASMUNY?]

Send them an intent to sue for violations of the FDCPA -

 

attempting to imply that a debt past the SOL for all three states is still legally enforceable

 

sending letters to incorrect addresses belonging to third parties when they clearly had your current address,

 

and if they continue collection in any way shape or form, you'll turn this over to an attorney for review and legal action in federal court.