Re: Drew

Posted by Drew (24.59.27.46) on October 24, 2003 at 14:35:45:

In Reply to: Drew posted by Papertrail on October 24, 2003 at 13:40:03:

Do you still have the collection agency letter from 10/96. I know what you mean. Does the collection agency dated 10/96 state how many days you are behind or a statement in there indicating how they haven't recieved your letter. Charge off date is irrelevant for statue of limitations purposes only the date of last activity. If you have that letter from the collection agency before the charge off date then you might have even a stronger case.

Don't lose it.

Facts about turning an account over to a collection agency.

1. Some creditors can turn a delinquent account over to a collection agency if they are more than 45 days past due and well before the charge off date. The collection agency that sent you the letter dated 10/96 was more than likely an agency that is outsourced and contracted by the original creditor to collect on any account past a certain date delinquent. In otherwords if you are 45 days late, they turn it over to their collection agency who will send you the first notice.

2. Creditors often will have thier own inhouse collection department and they will have a different name to make it look like they are a separate collection agency to intimidate consumers into paying and to reduce the default rate.

If you have kept this first collection agency letter from 10/96 you can prove a stronger case for your date of last activity than they can prove thiers.

What does that collection letter say.

It does not matter when the creditor charged off your account. We need to find out as closely as possible from your records (have you spoken to the original creditor and asked them when your last payment was) when you last paid, when the last date of activity was. Don't worry about the charge off date.

What state are you in and what is your SOL for credit card debt.

I hope this helps.

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