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SOL letter sent to Northland Group


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Posted by SC-Ft. Worth (208.191.174.197) on July 12, 2004 at 10:26:39:

Dear Mr. Beaumont:

I hereby order you and your employer to communicate in writing at the above address. This debt was charged off in 1996 and your internal records reflect that. Therefore, the statute of limitations have passed you are illegally attempting to collect a debt.

The attempt to collect a debt in which the statute of limitations has passed is itself a violation of the Federal Fair Debt Collection Act. Specifically, by attempting to collect a debt which is over four years old, you are making false representations regarding the legal status of the debt. Therefore, you have violated the Fair Debt Collection Act by making untrue statements and threatening legal action on a debt that is not collectible. I direct you to § 807(2)(A) and § 807((5).

§ 807. False or misleading representations [15 USC 1962e]
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(2) The false representation of --
(A) the character, amount, or legal status of any debt; or
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

You have also violated the Texas Fair Credit Collection Statutes for the same actions. Specifically, you have violated the following statutes through your actions, inactions and misrepresentations:

Tex. Finance Code § 392.301 (2003). Threats or Coercion

(a) In debt collection, a debt collector may not use threats, coercion, or attempts to coerce that employ any of the following practices:
(8) threatening to take an action prohibited by law.

and

Tex. Finance Code § 392.304 (2003). Fraudulent, Deceptive, or Misleading Representations

(a) Except as otherwise provided by this section, in debt collection or obtaining information concerning a consumer, a debt collector may not use a fraudulent, deceptive, or misleading representation that employs the following practices:
(8) misrepresenting the character, extent, or amount of a consumer debt, or misrepresenting the consumer debt's status in a judicial or governmental proceeding;

You have made what appear to be false and misleading representations in your letter dated June 20, 2004 by attempting to collect a debt in which you know that the statute of limitations has passed. If you continue to attempt to collect this debt, I will report your violations to both the Texas and Minnesota Attorney Generals.

You are hereby ordered to:

1. Cease and desist all attempts to collect this alleged debt.
2. Not report this debt to any credit reporting agency as the debt was charged off in 1996 and the seven year reporting period ran;

Sincerely,




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