How do I deal with a collection agency trying to deal with an account from 2000? Here in Va, credit cards are noncollectable after 3 years... All others are 5 years...
Hope things just work well with you now. Try this letter
This is a sample of a cease and desist letter.
You name:
Address:
Date
Re: account no.
Dear Sir/Madam,
I request you to CEASE and DESIST from any further attempts of collection on the debt payment of the above mentioned account. Any further communication will be contempt of FDCPA.
Hence you are advised according to the state and the federal laws to cease all collection attempts immediately, failing which you will be entitled to legal action.
John called me at work and was going to have me in court the following Friday unless I gave him my debit card number. He was going to process it for 4,000.00 in 30 days. Stupid me, I gave him the number. The next day, again, stupid me, I went to Boleman Law Firm and started chapter 13. Then the smart me found you guys. So, my bank has changed my account number and assured me, when he goes to process, it will simply be rejected. Oh, and Boleman has never mentioned that I don't need chapter 13 since his claim dates to 2000 and now it 2008 - like 5 years past sol. Oh and Kingman, Cole and Associates never sent me any kind of paper work validateing their claim... You guys have a letter here about only doing business with the original creditor and not a collection agency - does that one actually work? And Kingman, Cole & associates are NOT lawyers, though they lead me to believe they are. I could just go on and on, but I think you all get the general idea. Oh and I found the original paper work on this... It was Providian credit card with a 900 limit... so 4000-900... hummm... nice little profit for John...
Re: Collection Account for Original Creditor Account #: 00000xxxx
Amount: $25.00
To Whom It May Concern:
This letter is to inform you that the validity of this debt is disputed. I am not sure of the account number, as I have never heard from you regarding this account. The account number I have is the one listed on my Experian credit report – which omits the last few digits.
In the spirit of compromise, I am willing to pay this account IN FULL (or settlement percentage) if you agree to immediate deletion of this account from any and all credit reporting agencies (Equifax, Experian and TransUnion). The purpose of this settlement is merely to have this item removed from my credit files. It is not to be construed as an acknowledgment of liability for this debt in any form.
If you agree to the terms and accept this agreement, certified funds for the settlement amount of twenty-five dollars ($25.00) will be sent to Collection Agency in exchange for full deletion of ALL references regarding this account from my credit files and full satisfaction of the debt. As certified funds will be used for payment, there shall be no waiting period regarding the deletion of this account from the credit reporting agencies.
Collection Agency agrees to delete ALL information regarding this account from the credit reporting agencies WITHIN TEN CALENDAR (10) DAYS following receipt of payment as specified above and will not discuss the terms of this settlement with anyone, excluding your client on this account. If contacted by any third party, including credit-reporting agencies, Collection Agency will not acknowledge that any settlement offer was made, accepted or executed and will, in fact, deny knowledge of any such account.
If you agree to the above terms, please prepare a letter on your company letterhead explicity agreeing to the same terms as the above settlement offer and have it signed by an authorized representative of Collection Agency. It will be implied that this letter shall constitute a legally binding contract, enforceable under the laws of my state.
Your response must be postmarked no later than 15 days from your receipt of this settlement offer or this offer will be withdrawn and I will request full validation of this alleged debt, as provided for by the Fair Debt Collection Practices Act.
Please address all correspondence regarding this account to:
It is called a cease and desist letter; you demand that all collection attempts cease because the alleged debt is xx years old.
Hope things just work well with you now. Try this letter
This is a sample of a cease and desist letter.
You name:
Address:
Date
Re: account no.
Dear Sir/Madam,
I request you to CEASE and DESIST from any further attempts of collection on the debt payment of the above mentioned account. Any further communication will be contempt of FDCPA.
Hence you are advised according to the state and the federal laws to cease all collection attempts immediately, failing which you will be entitled to legal action.
Cordially,
Signature
Your Name
Thank you very much.
Thank you very much... cool site and very cool people helping people - again, many thanks...
Hi Crane,
Do keep us posted regarding this issue. Have you already send the cease and desist letter?
Ever hear of Kingman, Cole & Associates?
John called me at work and was going to have me in court the following Friday unless I gave him my debit card number. He was going to process it for 4,000.00 in 30 days. Stupid me, I gave him the number. The next day, again, stupid me, I went to Boleman Law Firm and started chapter 13. Then the smart me found you guys. So, my bank has changed my account number and assured me, when he goes to process, it will simply be rejected. Oh, and Boleman has never mentioned that I don't need chapter 13 since his claim dates to 2000 and now it 2008 - like 5 years past sol. Oh and Kingman, Cole and Associates never sent me any kind of paper work validateing their claim... You guys have a letter here about only doing business with the original creditor and not a collection agency - does that one actually work? And Kingman, Cole & associates are NOT lawyers, though they lead me to believe they are. I could just go on and on, but I think you all get the general idea. Oh and I found the original paper work on this... It was Providian credit card with a 900 limit... so 4000-900... hummm... nice little profit for John...
YOU HAVE RIGHT ASK THEM STOP CALLING YOU
Collection Agency
1212 Maple St
City, State Zip
Re: Collection Account for Original Creditor Account #: 00000xxxx
Amount: $25.00
To Whom It May Concern:
This letter is to inform you that the validity of this debt is disputed. I am not sure of the account number, as I have never heard from you regarding this account. The account number I have is the one listed on my Experian credit report – which omits the last few digits.
In the spirit of compromise, I am willing to pay this account IN FULL (or settlement percentage) if you agree to immediate deletion of this account from any and all credit reporting agencies (Equifax, Experian and TransUnion). The purpose of this settlement is merely to have this item removed from my credit files. It is not to be construed as an acknowledgment of liability for this debt in any form.
If you agree to the terms and accept this agreement, certified funds for the settlement amount of twenty-five dollars ($25.00) will be sent to Collection Agency in exchange for full deletion of ALL references regarding this account from my credit files and full satisfaction of the debt. As certified funds will be used for payment, there shall be no waiting period regarding the deletion of this account from the credit reporting agencies.
Collection Agency agrees to delete ALL information regarding this account from the credit reporting agencies WITHIN TEN CALENDAR (10) DAYS following receipt of payment as specified above and will not discuss the terms of this settlement with anyone, excluding your client on this account. If contacted by any third party, including credit-reporting agencies, Collection Agency will not acknowledge that any settlement offer was made, accepted or executed and will, in fact, deny knowledge of any such account.
If you agree to the above terms, please prepare a letter on your company letterhead explicity agreeing to the same terms as the above settlement offer and have it signed by an authorized representative of Collection Agency. It will be implied that this letter shall constitute a legally binding contract, enforceable under the laws of my state.
Your response must be postmarked no later than 15 days from your receipt of this settlement offer or this offer will be withdrawn and I will request full validation of this alleged debt, as provided for by the Fair Debt Collection Practices Act.
Please address all correspondence regarding this account to:
You
123 Any Street
City, State Zip