Re: Scott - Additional Questions

Posted by scott (65.25.99.145) on March 21, 2003 at 10:56:38:

In Reply to: Scott - Additional Questions posted by Cindy on March 21, 2003 at 10:17:41:

IT it says it will come off 10.2007 then that means they are having your last activity around 9 or 10/07 which concurs with your chargeoff date. They can still try to collect after the 3 years. They can try and sue. If they sue you have an absolute defense. IT has been found in some case law that filing a lawsuit against a consumer on a time barred debt is a violation of the fdcpa if they are aware it was time barred. I would keep a low profile for now. When the SOL is up in october(maybe even wait until november just to be sure) come back here and get why chats sol letter. Also send a cease and desist letter. With the CD letter you are basically, and lawfully, telling them they can never contact you again unless they are stupid enough to file suit against you or close or sell the account. It will put an end to their collection activities if they follow the law(which is iffy). I would not contact them or answer the phone when they call. Just remember though that asset has gone sue crazy lately. There are hundreds of cases filed in my small town just this year and you never know what will happen over the next 6-8 months. If the SOL is up you can try and bargain with them. Maybe offer $200 if they delete. The problem is nothing can be done with the providian tradeline. I would wait until thanksgiving(about 3 days before it hits) and dispute with the CRAs that the account is not yours. This is called CHOD(or was it chud) week. The CRAs will have 30 days to finish the dispute or they have to delete. The problem is these 30 days include thanksgiving and christmas holiday and they are very short staffed. This is the month that everyone waits for to do credit repair.

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