Jump to content

Out of SOL Dunning Received, Review my Letter Please?


The last post in this topic was posted 2531 days ago. 

 

We strongly encourage you to start a new post instead of replying to this one.

Recommended Posts

I kind of woke up a sleeping dog with this one. Embarrassing but true. Anyhow.

 

Date of last activity was 2007.

 

Just before the 7 year date, I called the OC to try and get account info and maybe settle. (Dumb. I know.)

 

Disputed as obsolete and got deletions from all three CBs.

 

OC sold to a JDB who's started calling and sent a dunning.

 

I should be well out of SOL, original state was 4 years, moved to a ten year state but am now in a six year state.

 

So can I safely send the following:

 

"I received your letter and messages regarding the above account and alleged debt you claim I owe.

 

I dispute your claim. I don’t believe I owe you any money. Please stop calling me. If you have proof that I owe you what you claim, then you may send it to me in the mail at the above address."?

 

 

 

 

 

 

 

 

Link to post
Share on other sites

If the debt ran the SOL in one state then its pretty much done in your current state, you need to check your states borrowing statutes, on a Zombie debt that is one that has run SOL & CRTP a Foad letter is what gets sent if you no longer wish to hear from them. What you have written above is not a C&D and they dont have to follow not calling you, the law is pretty explicit its either a full C&D or they can ignore your request. Even if it didnt run to full term in at least 1 state since you live in a 6 yr state now judges dont really like admitting another states SOL in their courtrooms...

Link to post
Share on other sites

If the debt ran the SOL in one state then its pretty much done in your current state, you need to check your states borrowing statutes, on a Zombie debt that is one that has run SOL & CRTP a Foad letter is what gets sent if you no longer wish to hear from them. What you have written above is not a C&D and they dont have to follow not calling you, the law is pretty explicit its either a full C&D or they can ignore your request. Even if it didnt run to full term in at least 1 state since you live in a 6 yr state now judges dont really like admitting another states SOL in their courtrooms...

I guess I'm confused then. I was trying to go for a DV and limited C&D....just in case they tried to long arm it. They don't have my new address yet. This popped up because we just got a mortgage. I was going to try and settle it with the OC (FMC) but since their solution was to sell it to a JDB....yeah. No. It's a long story with them. Bottom line is they really did me dirty and selling it to a JDB is the last in a long string of broken promises.

 

I thought telling them no communication other than USPS was a limited C&D...so please educate me?

Link to post
Share on other sites

 

what states and dates?

 

Original State: Texas 2007

Interim State: Wyoming 2010 to last month

Current State: Colorado

 

 

so you already have your mortgage, it's out of SOL in CO, but you just moved there.....

 

go ahead, send the JDB a DV and dispute; tell them that all calls are inconvenient ; give them some reason ( sleeping co hab's, work hours, etc. ) state that your employer prohibits calls at work

 

send the CFPB DV - need more information letter.

 

http://www.consumerfinance.gov/blog/debtcollection/

Link to post
Share on other sites

 

 

what states and dates?

 

Original State: Texas 2007

Interim State: Wyoming 2010 to last month

Current State: Colorado

 

 

so you already have your mortgage, it's out of SOL in CO, but you just moved there.....

 

go ahead, send the JDB a DV and dispute; tell them that all calls are inconvenient ; give them some reason ( sleeping co hab's, work hours, etc. ) state that your employer prohibits calls at work

 

send the CFPB DV - need more information letter.

 

http://www.consumerfinance.gov/blog/debtcollection/

 

Thank you. That is a much better template than others I've seen.

Link to post
Share on other sites
  • 4 weeks later...

 

 

what states and dates?

 

Original State: Texas 2007

Interim State: Wyoming 2010 to last month

Current State: Colorado

 

 

so you already have your mortgage, it's out of SOL in CO, but you just moved there.....

 

go ahead, send the JDB a DV and dispute; tell them that all calls are inconvenient ; give them some reason ( sleeping co hab's, work hours, etc. ) state that your employer prohibits calls at work

 

send the CFPB DV - need more information letter.

 

http://www.consumerfinance.gov/blog/debtcollection/

 

OK. So I did this, changed up parts, but definitely asked for no calls since my hub is often required to day sleep for his job and can't have calls at work, told them to direct all future communication to my current address, sent it CMRRR, the calls stopped for a couple weeks. Two days ago, I got a BS "Here's the info you requested" letter that had been sent to my old address and forwarded to my current address. I didn't omit much at all from the template you linked to and the "proof" they sent was one page from the OC (FMC) that they had sent to us a few days after we bought the vehicle (11 years ago) telling us that they had noticed a missing date at the top of our sales contract. The letters contain very basic account information, date of purchase, name of dealership purchased from, account number, our names and address. They sent the same letter to both my husband and I and the JDB sent both copies attached to the "here's your requested info" letter. The very next day, they called, hung up on hubs phone and left a message on mine, then called and left messages on both lines today.

 

So what's my next step?

 

I don't have much doubt that they have copies of all the contracts and what not, it's a little weird to have chosen the document they did send as proof...I'm guessing they are trying to show that they have (or can get) way more documentation than I've got? Really, even if they sent every document they have, it comes down to a. they didn't answer if they have a license to collect in Colorado, because if I understand correctly, they need one since Texas doesn't have licensing and reciprocity and more importantly b. statute of limitations. My calm, rational self tells me that they know they are out of SOL and really can't do much, but my worst case scenario crazy self tells me that they are just stalling so they can roll the dice and sue me in WY. I suspect we could write lots of letters back and forth, me asking again and again for the stuff requested in the letter I sent and them sending little snippets of that info as they see fit. I don't want to have to go after them for FDCP violations, but aren't they violating by continuing to call at this point? What about them sending the reply to my old address even after I gave them the corrected one?

 

I appreciate the guidance.

Link to post
Share on other sites

you sent the letters CMRR? they signed the receipt with your CO address on it.

 

send a cease all communications letter. have your address prominently on the letter itself.

 

state they are sending letters to an old address in the wrong state.

 

state they are not licensed in CO.

 

file a complaint with the Colorado AG for unlicensed CA.

 

file a complaint with the CFBP

 

if they sue you in WY , you can countersue for FDCPA violations.

Link to post
Share on other sites

you sent the letters CMRR? they signed the receipt with your CO address on it.

 

send a cease all communications letter. have your address prominently on the letter itself.

 

state they are sending letters to an old address in the wrong state.

 

state they are not licensed in CO.

 

file a complaint with the Colorado AG for unlicensed CA.

 

file a complaint with the CFBP

 

if they sue you in WY , you can countersue for FDCPA violations.

I did some digging on my own and found the Colorado website for consumer protection. They have a list of licensees and apparently the CA does have an active license here, they just didn't offer that information when I asked for it. So, no AG complaint yet and can't say they aren't licensed here... Do I still file a complaint with CFBP for sending to the old address and continuing to call? Do I still send the cease all contact letter since they are licensed here? Sorry I didn't find the website earlier. I'd only seen a summary of collection rules for this State before finding the original source.

Link to post
Share on other sites

Hey, reading through the FDCPA for CO and in the section governing legal action, it says they can only sue where the consumer signed the contract (TX) or where the consumer resides at the "commencement of the action". So is collection activity considered legal action, or is it not legal action until someone files suit? If memory serves, that language is also in the regular FDCPA?

Edited by 2farndebt
Link to post
Share on other sites

collection activity is not considered legal action - they have to file suit in CO. where you live.

 

yes , file the CFPB complaint - upload your letter to the CA and the proof of mailing CMMR signed receipt.

Link to post
Share on other sites

 

what states and dates?

 

 

 

quote of the year, ICANHASMUNY...

 

?

 

 

 

I was questioning why that would or could be QOTY. Your body of work is impressive. To see an inadvertent rhyme held up as exemplary demeans what you do here.

Link to post
Share on other sites

collection activity is not considered legal action - they have to file suit in CO. where you live.

 

yes , file the CFPB complaint - upload your letter to the CA and the proof of mailing CMMR signed receipt.

Thanks for clarifying. I'm feeling much more confident about the situation. I also dug up a little tidbit in the CO FDCPA that requires the CA to include a statement directing the consumer to the CO FDCPA website in the initial contact. So I believe that is also a violation and something I can do a complaint on with the AG's office.

 

So here's my cease communication letter. Look OK?

 

2farndebt

My Address

My STATE

 

Date

 

URS

Their Address

Their State

RE: Acct #

 

Dear JDB,

 

I am in receipt of your communication dated July 16, 2014. You sent this communication to an old address in the wrong state instead of the address I clearly and prominently furnished you in my request for information. In doing so, you violated state statutes outlining consumer disclosures to which I am entitled. Additionally, you ignored my request that further communication be made only by US Mail due to my husband’s night schedule and have resumed making daily phone calls. It is clear that you have little regard for my rights under state and federal law.

 

Please be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities. Continued collection activities, including reporting, verification or reinsertion of accounts beyond their legal collection date to any consumer credit reporting agency, may be considered extortion and/or fraud and subject to criminal as well as civil prosecution.

 

Sincerely,

2farndebt

Link to post
Share on other sites

Nah, that won't work

 

Please be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities. communications, including any third parties.

 

Continued collection activities, including reporting, verification or reinsertion of accounts beyond their legal collection date the FCRA reporting limit and state Statute of limitations to any consumer credit reporting agency, is a violation of the FCRA and the FDCPA, and also may be considered extortion and/or fraud and subject to criminal as well as civil prosecution.

 

 

 

Sincerely,

2farndebt

Link to post
Share on other sites
  • 2 weeks later...

Nah, that won't work

 

Please be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities. communications, including any third parties.

 

Continued collection activities, including reporting, verification or reinsertion of accounts beyond their legal collection date the FCRA reporting limit and state Statute of limitations to any consumer credit reporting agency, is a violation of the FCRA and the FDCPA, and also may be considered extortion and/or fraud and subject to criminal as well as civil prosecution.

 

 

 

Sincerely,

2farndebt

Do I take out the first section of text as you have or leave it?

Link to post
Share on other sites
  • 3 weeks later...

take out the what I've striked thru.

Thanks so much for the help on this. I did the complaint and got a reply a couple days ago from the company attorney. Basically it was: Oops. Sorry. Our bad. We won't contact you again at all. Ever.

 

They said they returned the account to the OC. Which... Weird because the oc said back in June that they sold it to the jdb. But, what do I know?

 

I printed off the c&d letter, but kept putting off the trip to the post office. Hopefully that won't bite me.

 

At any rate, as always, excellent advice even though I was a slacker, just couldn't pull my act together on this one, the last in a long journey. Hopefully, it will stay dead now. Thanks again.

Link to post
Share on other sites

The last post in this topic was posted 2531 days ago. 

 

We strongly encourage you to start a new post instead of replying to this one.

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.




  • Member Statistics

    • Total Members
      181,944
    • Most Online
      2,046

    Newest Member
    TweetyG
    Joined
×
×
  • Create New...

Important Information

Guidelines