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Hi there!
I recently received a collection letter from Stoneleigh, who purchased the debt from Equitable. The debt in question is no longer listed in my credit report. I'm wondering if I should send them a DV letter or not.
The letter says that if I don't dispute the notice within 30 days, they will assume the debt is valid; if I do dispute it within 30 days, they will obtain verification of the debt or obtain a copy of judgment and mail me a copy; lastly, they will provide me with the name and address of the original creditor.
Since it's no longer listed, should I even bother?
yes send the DV
What state do you live in?
what is the date of last delinquency?
IF this debt is past the SOL and past 7yrs then send FOAD.
if this debt is past SOL and less then 7yrs send DV
It is easier to keep something off then delete it so don't delay just because its not on your report.
Sending the DV never hurts
The debt is in California and no longer listed in the credit report. Yes, it's been more than 7 years. I'm wondering if they will put it back on the report if I ask for a DV?
Hello, they can not list a debt just because you ask for Debt validation. They may even be able to get in trouble for this. I once found an excellent debt validation letter and it actually had a line in it that pretty much tells them put the debt on your credit report unless they can validate. There are sample letters here but I am not sure if it has this line. If not just google debt validation letters or simply add a line to the samole letter here. You can find it under resources on your screed.
FOAD
you should write them and say that it not convenient to contact you and the statute of limitations has passed and you do not believe the date is valid.
Thank you for the tips! I'll send them a DV letter. Should I include a cease and desist letter as well?
Yes
Actually at this point people send a FOAD which stands for F OFF AND DIE.
Actually I think it is kind of pointless to be rude in writing, so I would just emphasize that any form of communication is inconvenient and you believe that they have no legal right to collect this debt.
I have heard of the FOAD letters but is this a true type of letter or just a way to tell them to F and die? Its not like a real DV letter or something of that nature. Where would a person find a good sample letter for this topic?
Not a DV letter
People get very emotional about credit and debt as you know. Many people get excited when they realize that the Collection Agency will fail to collect a debt for a reason like statute of limitation. On forums people enjoyed telling the CA off in meanest way possible. It can be fun but also silly.
So, in the case of SOL, it is actually an affirmative legal defense (except for two states). that means that they can sue you and you need to raise the SOL in court. Legally a CA can call you when SOL and even 7yrs expire until you tell them to Cease and Desist.
So and FOAD is basically a final C&D.
I try not to do sample letters, just give the elements so people keep the letter personalized. But really all you have to say is never contact me again.
Some zombie debt called me over the holidays, and I got rid of them with verbal instructions that all contact was inconvenient.
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