[sbarton22]

I had a company call me about a some debt they claim I took out in 1996. Clearly, the SoL is way past. They can only tell me the creditor is Household Benefits, which I have never heard of. They offered me a settlement. I told them I have no idea what the debt is and they should provide me more information. They said if I wanted more information, it would count as disputing the debt (which I have no idea if it is legit of not and am willing to pay if I owe) and the settlement would no longer stand. This made no sense to me and sounded like a scam, so I did my homework.

I have told them that the SoL has expired and that they should stop calling. They noted that they could not sue me over this debt, but they could continue to call.

How do I get them to stop annoying me and how do I make sure this annoyance stay off my credit report?

[sbarton22]

One other question, if this debt is from another state (I moved from KS to NY in 99, then back to KS/MO in 01 and back to NY for good in 03) can they send me a summons to appear in court in some other state than I reside in?

[ScottGem]

There seems to be a misconception among many people as to what an expired SOL means. Your obligation to pay a debt and the creditor's right to try to collect on it NEVER expire. So they are partially right that they can continue to try and collect from you.

The SOL simply sets the time frame within which they can sue your over the debt. When the SOL expires, they can no longer sue as they have admitted. So your question about a summons is moot.

You can request that all correspondence be by mail however.

[sbarton22]

After more research, I am beginning to understand that. I still don't believe this debt is real. If they don't provide me any more info than the name of the creditor, can they continue to bug me?

Or let me ask another way. How do I get them to contact me by mail only? And will they continue to kill trees on the matter, because I clearly am not going to pay this with no proof. With no legal action to force action on my part (and my acknowledgment of this fact) why would they continue to pursue? I could just throw their letters in the trash?

I guess I don't understand their position at this point.

[ScottGem]

Send them a letter stating that you are formerly requesting that all further correspondence be by mail. State further that you have no knowledge of this debt and before you can enter any negotations to pay it, you need verification of the debt.

[DrJ]

File a Cease & Desist letter. This should legally stop any & all correspondence except to inform you that they are filing a lawsuit, which they can no longer do.

[sbarton22]

Send them a letter stating that you are formerly requesting that all further correspondence be by mail. State further that you have no knowledge of this debt and before you can enter any negotations to pay it, you need verification of the debt.

Could this be considered intent to pay and thus restarting the SoL clock?

[sbarton22]

File a Cease & Desist letter. This should legally stop any & all correspondence except to inform you that they are filing a lawsuit, which they can no longer do.

How would this go? Something like... Please cease and desist all further correspondence, except by mail and only to inform me on pending legal action... or something like this?

[sbarton22]

And back to one of my original questions... I know they can continue to request my credit report, and that request goes on the report as "report quested by creditor" or something to that effect, but what does that mean in real life terms towards my credit?

[sbarton22]

And thank you so much for your advice.

[JudyKayTee]

After more research, I am beginning to understand that. I still don't believe this debt is real. If they don't provide me any more info than the name of the creditor, can they continue to bug me?

Or let me ask another way. How do I get them to contact me by mail only? And will they continue to kill trees on the matter, because I clearly am not going to pay this with no proof. With no legal action to force action on my part (and my acknowledgment of this fact) why would they continue to pursue? I could just throw their letters in the trash?

I guess I don't understand their position at this point.

Hot off the California debt collection website - send it return receipt requested. And, yes, they can and probably will continue to contact you by mail. And, no, an offer to settle does NOT extend the Statute. The Statute is extended by payment on or use of the card.

Once it hits your credit report it stays there for - give or take - 7 years. I am seeing 10 year old debts never reported hitting credit reports now and they will stay there for 7 years.

"Your name
Your Address

Creditor's Name
Creditor's Address

(date)

Dear (name of collector):

On (date), you or someone from your company contacted me about a debt. I do not believe that I owe this, and I dispute it.

In accordance with Section 809 of the Fair Debt Collection Practices Act, I am asking that you provide me, in writing, the following information:

what the money you say I owe is for
how you calculated this amount in a way I can understand
show me copies of papers where I agreed to pay what you say I owe
provide me with a copy of a judgement (if applicable)
identify the original creditor
demonstrate that you or your company is licensed in my state, and inform me of the license number.
Please provide this letter to the company for whom you are collecting so that they have notice of my dispute.

Furthermore, please inform any credit reporting agencies to which you've reported this debt that it is being disputed. I demand proof that you have done so.

Finally, cease and desist from contacting me in this and any and all related matters, except via United States Mail, and only then to inform me that you are terminating all efforts to collect or that you are taking specific court or legal action.

Sincerely,

(your signature)
(your printed name) "

[sbarton22]

WOW! Thanks! If they cannot/refuse do any of the above, what does that mean for me? Or am I playing the same game of chicken with them that they started to do with me?

I understand, by law they are required to stop calling after a written request to do so. But what is my course of action if they do not provide me with proof of debt or proof of contacting the credit reporting agencies? Can they continue to "say" I owe them money even after they do not provide me proof?

As for the credit report, let's assume they have reported it other than as a request for credit report by creditor. I thought I read that they cannot report a bad debt after SoL, but you are saying they can. Does that mean every 7 years they can pull it back up to jack with my credit? Or when I require them to contact the credit reporting agencies as a dispute, the credit report notes this?

I don't understand the credit report side of this... or why they would keep bugging me when they don't have any option to force me to act.

And thanks again for the help!

[ScottGem]

I don't understand the credit report side of this...or why they would keep bugging me when they don't have any option to force me to act.

I'll take a stab at answering this point. Maybe they feel, if the debt is valid, that you will honor your obligation to pay it. Remember you DO have an obligation to pay your debts whether they have been charged off, or the SOL expired.

Yes they may not have any legal teeth behind their request, but they certainly do have moral teeth.

[sbarton22]

I'll take a stab at answering this point. Maybe they feel, if the debt is valid, that you will honor your obligation to pay it. Remember you DO have an obligation to pay your debts whether they have been charged off, or the SOL expired.

Yes they may not have any legal teeth behind their request, but they certainly do have moral teeth.

LOL... yes, I understand that if I owe them, I owe them. I am more than willing to pay if I do, and I have a credit rating to back up that claim. However, after they have been less than forthcoming with me and their "let's make a deal" approach, I seriously doubt they are coming to me from the moral high ground. :) I feel like they have tried to take advantage of me and perhaps my lack of knowledge or motivation to get to the bottom of things.

[DrJ]

Go for the throat... something like this.

[Your Name]
[Your Mailing Address]
[Your City/State/Zip]

Certified Mail, Return Receipt Requested # [Insert the Certified Mail Receipt Number here]

[Insert Date of Mailing]


[Insert name of collection agent, if available]
[Insert name of collection agency]
[Insert address of collection agency]
[Insert City/State/Zip of collection agency]

REF: Account # [Insert either the original account number or the collection agency's account reference number here]


Dear [Insert name of debt collector calling--if available--here]:

1. You are hereby notified under provisions of Public Laws 104-208, also known as the Fair Debt Collection Practices Act, that your services are no longer desired.

2. You and your organization must CEASE & DESIST all attempts to collect the above debt. Failure to comply with this law will result in my immediately filing a complaint with the Federal Trade Commission and the [Insert your home state here] Attorney General's office. I will pursue all criminal and civil claims against you and your company.


3. Let this letter also serve as your warning that I may utilize telephone recording devices in order to document any telephone conversations that we may have in the future.

4. Furthermore, if any negative information is placed on my credit bureau reports by your agency after receipt of this notice, this will cause me to file suit against you and your organization, both personally and corporately, to seek any and all legal remedies available to me by law.

5. Since it is my policy neither to recognize nor deal with collection agencies, I will settle this account with the original creditor.

Give this matter the attention it deserves!

And have a nice day.


[Sign your name here]

[Insert your name here]

EDIT: sorry... I should have refreshed before posting after so long. Didn't see all the new posts and advice :D

[DrJ]

As for the credit side of it, it can only stay on there for 7 years. If it is on there longer, a simple request to the bureaus will get it removed.

Judy, you may know this for sure... but I thought the 7 year clock started at date of last activity... not the date it showed up on the report? Is that not the case?

Once it is off for this reason, it is off... unless you may a new payment to the account.

[JudyKayTee]

As for the credit side of it, it can only stay on there for 7 years. if it is on there longer, a simple request to the bureaus will get it removed.

Judy, you may know this for sure... but I thought the 7 year clock started at date of last activity... not the date it showed up on the report?? Is that not the case?

Once it is off for this reason, it is off... unless you may a new payment to the account.

Good question - I don't really know. I know I am seeing very old debts when I pull credit reports lately. Debts which have never been reported are now suddenly showing up. I always thought it was from the date of the debt but I don't really know.

Hopefully someone will come along with a definite answer.

Of coure, I'm pulling reports as part of background checks so I don't have much interest on a day to basis whether these things are or are not out of the time frame but it's a good question.

[sbarton22]

As for the credit side of it, it can only stay on there for 7 years. if it is on there longer, a simple request to the bureaus will get it removed.

Judy, you may know this for sure... but I thought the 7 year clock started at date of last activity... not the date it showed up on the report?? Is that not the case?

Once it is off for this reason, it is off... unless you may a new payment to the account.

Thanks for the letter... seems a bit harsh, but might as well play hardball. :eek:

From what I read, I thought that they can request a report (I guess as many times as they would like) and it goes down as just another inquiry into your credit history with the exception of the note that they are a creditor. I also thought that the clock started when the debt went delinquent as to their ability to report it to credit bureaus.

You folks seem to know a heck of a lot more than I do on the matter.

[DrJ]

Creditors can often pull reports on you whenever you like. However, these inquiries will NOT affect your credit score nor your credit profile. Only requests that are caused by your credit applications can affect you negatively, and that is only when there are too many in a short period.

The "Date of Last Activity" is the date the SoL clock starts and, possibly, the date the seven-year credit reporting starts. This is either the date of the last payment or the date of the last charge to the account, whichever is later.

This is the kind of stuff some of us do for a living ;) which is why we have some insight to it :D

Oh yeah, the harsh letter... yes, it is. But, like you said, play hardball. Collection agencies are not your friends! Lol They aren't likely going to be polite or nice to you, so why be that way toward them... or if they ARE polite or nice, they are just playing "that" card ;)

In reality, that letter is straightforward and addresses each matter it should so it doesn't leave any holes. Collection agencies can be tricky and will do whatever they can to collect... after all, the more they collect from you, the bigger their bonus ;)

[sbarton22]

Bonuses are going to be thin this year if they have to rely on me!

Thanks for the great info.