Jump to content

Sign in to follow this  
jaybird47

Past SOL Debt Collection

Recommended Posts

Hi!  I could use some advice.  Whychat?

 

Out of the blue, I received a settlement offer from EOS CCA in Boston, a CA for "current " creditor, U S Asset Management, Inc.  It says the original creditor was Century Link Qwest and gives the original account number as my old phone number. This number was disconnected when I moved on Nov. 1. 2011.  This is past the SOL.  There is no original date on the letter.

 

The letter does say that the original amount is $176.36  with no interest or fees.  This seems a bit high but I do not remember the correct amount.  I forgot all about it.  I did not receive collection letters and it never reported to the bureaus.  

 

I would think that the information contained in the letter covers everything which a validation letter would generate.  So what plan of action do I take?  What letter do I send?

 

I opted out 3 years ago but have since obtained more CCs.  Perhaps that left me vulnerable to data miners.  I have opted out again.

 

Your help is appreciated.

Jaybird

 

 

 

 

 

 

 

Share this post


Link to post
Share on other sites

Key takeaway: It is not reporting to the bureaus.

 

If it is past SOL, they can bring action against you, however SOL is an affirmative defense.

 

More will chime in, but, if it not reporting, perhaps to leave it be ? Toothless tiger.

Share this post


Link to post
Share on other sites

Out of SOL and too old to report.  Toss the letter and have some pie.

 

images?q=tbn:ANd9GcRyJ71QBau3pzRzQ8BRHGa

 

Opting out only prevents you from receiving pre-screened offers for credit based on the contents of your credit report.  There are zillions of other ways to find you.

Share this post


Link to post
Share on other sites

Thank you.  I was worried they would report to the bureaus if they just purchased it 

13 hours ago, jaybird47 said:

Hi!  I could use some advice.  Whychat?

 

Out of the blue, I received a settlement offer from EOS CCA in Boston, a CA for "current " creditor, U S Asset Management, Inc.  It says the original creditor was Century Link Qwest and gives the original account number as my old phone number. This number was disconnected when I moved on Nov. 1. 2011.  This is past the SOL.  There is no original date on the letter.

 

The letter does say that the original amount is $176.36  with no interest or fees.  This seems a bit high but I do not remember the correct amount.  I forgot all about it.  I did not receive collection letters and it never reported to the bureaus.  

 

I would think that the information contained in the letter covers everything which a validation letter would generate.  So what plan of action do I take?  What letter do I send?

 

I opted out 3 years ago but have since obtained more CCs.  Perhaps that left me vulnerable to data miners.  I have opted out again.

 

Your help is appreciated.

Jaybird

 

 

 

 

 

 

 

 

 

Share this post


Link to post
Share on other sites

Thank you Why Chat. You have helped me so much in the past.  I appreciate your input.

 

On 1/25/2019 at 1:37 AM, jaybird47 said:

Hi!  I could use some advice.  Whychat?

 

Out of the blue, I received a settlement offer from EOS CCA in Boston, a CA for "current " creditor, U S Asset Management, Inc.  It says the original creditor was Century Link Qwest and gives the original account number as my old phone number. This number was disconnected when I moved on Nov. 1. 2011.  This is past the SOL.  There is no original date on the letter.

 

The letter does say that the original amount is $176.36  with no interest or fees.  This seems a bit high but I do not remember the correct amount.  I forgot all about it.  I did not receive collection letters and it never reported to the bureaus.  

 

I would think that the information contained in the letter covers everything which a validation letter would generate.  So what plan of action do I take?  What letter do I send?

 

I opted out 3 years ago but have since obtained more CCs.  Perhaps that left me vulnerable to data miners.  I have opted out again.

 

Your help is appreciated.

Jaybird

 

 

 

 

 

 

 

 

 

Share this post


Link to post
Share on other sites

The Massachusetts debt collection regulations limit the collection of time-barred debt. Under the amended regulations, creditors are now prohibited from collecting or attempting to collect from any person payment of any debt that the creditor knows, or has reason to know based on a good faith determination, is  time-barred. Mass. Regs. Code tit. 940 § 7.07(24). 

 

They are also required to provide a debt validation letter and a bunch of documentation. Here's the reg, I would suggest you read it. You may be able to sue these idiots. FDCPA may also apply, check the 1st Circuit.

 

https://docplayer.net/4540246-940-cmr-office-of-the-attorney-general.html

Share this post


Link to post
Share on other sites

Well, it may not. LOL I saw Boston and assumed you were in MA. Check to see if these guys are licensed in your state.  Also read that reg., they may be required to follow the laws of their own state anyway when dealing with an out of state debtor.

Share this post


Link to post
Share on other sites

If the OP were in Mass. there would have been NO chance of this account reporting because of the VERY strict reporting laws in Mass.

https://whychat.me/States/state-mass.html

Massachusetts restriction on reporting by collection agencies
Here is the section that does it(under prohibitions for debt collectors)
18.17: Unfair Practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt.
Without limiting the general application of the foregoing, the following conduct is a violation of 209 CMR 18.17:
(11) For a debt collector to report to a consumer reporting agency on its transactions or experiences with a consumer in the debt collector's name. However, a debt collector may, with the express written authorization of the creditor, report to a consumer reporting agency in the creditor's name.
Please note that this renders medical debts as totally unreportable

Share this post


Link to post
Share on other sites

Even though it is beyond the reporting window, I am a proponent of placing the issue of a dispute into writing but incorporating it with a FOAD paragraph.  This stops the communication but preserves the rights regarding the dispute just in case something came out of left field...it is fifty cents and five minutes of time that is well spent. 

Share this post


Link to post
Share on other sites
21 hours ago, jaybird47 said:

Thanks for the input.  What is a FOAD paragraph? 

FOAD= F*ck Off And Die.

 

Or, as noted, a C&D or a pound sand letter...you are telling them that you won't be communicating with them any further, but it CAN lay the groundwork for future claims if they continued to contact you.  Meanwhile, you have also preserved certain rights related to a dispute of the underlying amount, which can ALSO be of benefit. 

Share this post


Link to post
Share on other sites

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.

Sign in to follow this  




  • Today's Birthdays

    1. seattle
      seattle
      Age: 42
    2. goodkarma127
      goodkarma127
      Age: 21
  • Member Statistics

    • Total Members
      177,997
    • Most Online
      2,046

    Newest Member
    Relly
    Joined

About Us

Since 2003, creditboards.com has helped thousands of people repair their credit, force abusive collection agents to follow the law, ensure proper reporting by credit reporting agencies, and provided financial education to help avoid the pitfalls that can lead to negative tradelines.
×
×
  • Create New...

Important Information

Guidelines