Re: 1992 Montgomery Ward account -CAMCO SCUM !--Letter

Posted by purefolly (66.210.131.73) on October 30, 2002 at 12:44:31:

In Reply to: Re: 1992 Montgomery Ward account -CAMCO SCUM ! posted by kelly from nevada on October 30, 2002 at 12:32:30:

Hey Kelly,

Thanks. You know, it isn't just a little tinged with irony when their "collection efforts" magically coincide with our efforts to refinance our existing mortgage to a lower rate. We were pre approved so their efforts were futile.

Here's the letter we sent them today. I don't care if it pisses them off. These guys don't scare us...they just waste our time.

FROM:
XXXX XXXXXX
Address & Social Security
number withheld
(XXX) XXX-XXXX

TO:
Camco Services
PO Box 514
Bellmawr, NJ 08099

October 30, 2002
Certified Mail No.:

Re: Statute of Limitations violation; cease and desist order, validation request

Dear Silly Collection Agency:

This letter shall serve as formal notice of my demand that you cease and desist from this attempt to fraudulently collect money. Further, it shall serve as a validation request of the matter at hand. You hereby have 30 days to comply with this validation request. You are further demanded to stop any and all actions identifying this debt.

In the state of Oklahoma, accounts such as this one have a 3 year limit for filing any action for judgement. The starting date of this statute of limitations being the later of the date of last activity, or the date of first default. Further, the subject account was opened while I was a resident of the state of Texas, which has a 4 year limit on such actions. Records show that this date on the subject account with Montgomery Ward occurred in 1992, making it at least 6 years PAST the statute of limitations. Any filing of any action by you, or your representatives or assigns, is therefore time-barred. Under the FDCPA, any such action, or threat of such action is a violation of the law, and grounds for fines and civil sanctions.

Further, you and/or your assigns have made misleading, threatening, false and deceptive representations regarding your attempts to collect on a debt that I do not owe you. A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. You or your assign(s) are threatening to take action that cannot legally be taken.

I have demanded that your representative cease calling my residence yet the phone calls continue, the last one prior to this letter occurring at approximately 8:00 PM, central standard time on October 29th, 2002.

Beyond that, your employees and/or assigns have resorted to every “trick” in the book to try to make a case for me paying a debt I do not owe: moral obligation, “county” records, harassing phone calls, etc. Certainly, part of your repertoire in the future will be to refute my posture that you are well beyond the statute of limitations as regards your actions by indicating that there is no guarantee that a court will accept a statute of limitations claim. Be forewarned that a statute of limitations defense, should one become necessary, is an “as of right” position, that is not subject to the courts discretion.

As “irony” would have it, your fraudulent collection efforts coincide with the refinancing of our principal mortgage. So that you’ll be aware, we were pre-approved for the new mortgage at a lower interest rate, therefore, your efforts to exert “pressure” in this situation are foolish, full of folly, silly and ineffective. I wonder, is it your modus operandi to troll credit inquiries or county records such as mine in an attempt to extort money from people?

Also, any attempt to poison my credit file by making one or repeated inquiries into my credit history will result in legal action directed at your company and the offending employee/party within or associated with your organization.

This notification to you is of applicable legal statutes, codes and laws. Other Federal and State laws may apply.

Under the laws of the State of Oklahoma, continued collection activities, including reporting of accounts beyond their legal collection date, may be considered extortion and/or fraud and subject to criminal as well as civil prosecution.

Please note that proof of your receipt of this notice may be used by me or my legal representative in further action. I also reserve the right to forward a copy of this letter, and any other pertinent material to the Illinois Bar Association.

Go away, forever, Silly Collection Agency. Your efforts smelt of elderberries.

Sincerely,

XXXX X XXXXXX

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