Re: CAMCO - answer to Lucy

Posted by LadynRed (199.91.33.254) on August 21, 2002 at 14:19:29:

In Reply to: Re: CAMCO and CR insertions -- pl, Marcy, LadynRed, are you out there?? posted by lucy on August 21, 2002 at 12:35:30:

Ok. First, his address has been the same since Feb of 2000, no moving.. yet. There isn't any court action that I know of, on either collection, as he has never been served at the current address. The settlement letter was mailed from the current address. CAMCO just keeps calling and leaving stupid messages.

As to WHY he offered a settlement at all, well, I can answer that, don't need him to find a CyberCafe. CAMCO has been bugging him about this first debt since fall of 2001, might even be earlier than that. In Jan. 2002, my fiance ran across this book in the library, 'The Complete Idiot's Guide to Debt' (or something like that). After reading thru that one and another book, he used the settlement offer letter that was in the 'idiot's guide' to see if he could get out from under the $4K+ that CAMCO is pursuing him for. He sent it off (regular mail) and about 3 weeks later, CAMCO's signed acceptance came back.

At that point in time, neither he nor I knew much of anything about SOL's or the FDCPA, etc., he just wanted these scumbags to get off his back and thought he'd found a good way to do it. Even though it exposed him to IRS taxes, he wanted it gone. After I got laid off in Feb, *I* started researching and found this board and a couple of others with all this advice and knowledge. NOW I know that this first collection from CAMCO is probably an attempt to collect on an expired SOL. To make matters worse (I think)back in 2001, he had sent CAMCO a letter that basically acknowleged the debt was his (AAAGGGHHH!) and he offered to pay them $xxxxx a month in that letter. They apparently accepted it, but he couldn't keep up with the payments for various reasons.

As far as I know, he's never been sued over this sort of debt, so no court cases won against him.

Since he HAD sent the settlement offer, AND the earlier letter proposing a payment plan, of which he made ONE payment, I don't quite know what to do about that one (was a Chase Visa at one time), even though I'm certain it's an expired SOL. His actions may have screwed him out of using the SOL as a defense should they sue him. That's why I've asked WhyChat so many questions about SOL and how it gets 're-started' on the clock. He was trying to do 'the right thing', but didn't know that he might be screwing himself in the process, as it could very well be a debt he doesn't HAVE to pay anymore :(

This latest one (was CitiBank) he has NOT responded to, and that's DOUBLE the amount of the first one. I need to be on solid ground before I suggest that he contest this with validation based on the SOL. The fact that he doesn't have any old records around of this 2nd one worries me. I need to find some form of proof that the SOL has passed. The fact that NEITHER of them was on his CRs a year and a half ago says to me they expired and have dropped off his CR.

I'm really worried.. he's got a new job offer and this kind of crap is the LAST thing he needs. I can do a LOT for him but I have to have facts to show him first.

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