Merchant Credit Guide sent notice for debt from 98 way past SOL Florida, I failed to dispute Within 30 Days ripoff Chicago, Illinois
I've recieved a notice from Merchants Credit GuideCo. stating that I owe them $1786.93. The original creditor is BALLYS. I did have a Bally's fitness membership in 1997-98 (I can't remember exactly)in Pinellas County Florida when I was a college student. But I thought they canceled my membership due to moving to overseas after I graduation in May 1998, so I provided the copy of the plane ticket and my passport to cancel my membership as Bally's instructed me to do so. And I assumed it was canceled since I never heard from them ever again.
All these years nobody contacted me about this matter. I do not owe any debt except for my condo mortgage and I do have excellent credit history and score (840-870). By the way, being an international student back then, I did not have my SSN# yet.
I'm very much concerned about few things:
-Due to nature of my business I travel a lot and I got the notice of MCGC very late, the letter dated 8/15/06 and received it from my mailbox on 9/16/06. Of course got shocked and started the research and found this web site. I immediately wrote a dispute letter and ask for validation and will mail it tomorrow first thing in the morning. But I'm concerned about the validation process since I beileve they will consider my response late (the notice states within 30 days) and may never respond me with validation. The letter was dated 8/15/06 so I don't know what is the effective date of receipt by law? I am not sure how my dispute letter be effective for validation request.
-Even if Bally's didn't cancel my membership and kept charging my account I never made payments since may 98 so if there is any, the debt is from 1998 and way past SOL Florida. But can they still report to any credit agencies? I checked my credit with all 3 agencies and as of today and none shows any inquiry or any negative info from MCGC. Can I do anything further to protect my credit?
-As I said I didn't have a SSN# at the time of membership with Ballys, Can the collection agency find this info without validating this debt or any other way?
-I'm not sure what to do after sending the dispute letter. What if they never respond to validate?
Please help with some info to help me deal with these people.
Thanks
Serhan
Miami, Florida
U.S.A.
6 Updates & Rebuttals
Steve
Bradenton,Florida,
U.S.A.
Kevin, I see your point, however.
#7Consumer Comment
Sun, October 01, 2006
Kevin,
I see your points. However, I take a little more time in reading what someone actually wrote before correcting them publicly. That was my point.
As far as the way I deal with people in the "real world", respect is earned, and no debt collector has ever shown me any, therefore none has been earned from me. If you happen to be the exception to this rule, I apologize for my comment.
Have a good day.
Kevin
Cottage Grove,Minnesota,
U.S.A.
correction and apology
#7Consumer Comment
Fri, September 29, 2006
Dear Serhan and Steve,
I did misread Steve's earlier posting. I apologize that I said he was wrong when he is, in fact, right and in complete agreement with me.
As for the Cease Communication letter, this is merely a time/terminology issue. I say "cease and desist" because that's what we called it back in the day. We mean the very same thing. Basically, collectors like MCG need to be told "shut the _____ up and leave me the _____ alone." It generally works better to do it politely though.
Steve, I'd appreciate it if honest mistakes would be met with a certain amount of respect and patience instead of the assumption that I can't read. From this and other postings, I realize that we don't always agree. Nevertheless, I'll admit when I'm wrong. I'll also show you due respect. If you get personal, you can expect it from me. If you are respectful, then I'll respond in kind. In short, calling me illiterate was just unnecessary, unprofessional and rude. I certainly hope your communication in the real world does not resemble the way you treat people here.
Serhan, all the best. They can't bother your credit score. Once you write a cease communication letter, then they can't even call you. If they keep calling, get the Attorney General involved. Good Luck!
Steve
Bradenton,Florida,
U.S.A.
Kevin, RE READ my post - That's exactly what I said.
#7Consumer Suggestion
Thu, September 28, 2006
Kevin,
Correction: 2 right, 0 wrong.
I stated that it is NOT illegal to attempt to collect on an out of stat debt.
I also stated that it IS illegal to report the out of stat debt to the credit bureau or take adverse action. This would include lawsuits.
You should go back to the collections business, as you obviously cannot read. You fit right in.
Furthermore, under the law, there is no such thing as a "Cease and Desist". The ACTUAL wording in the FDCPA is CEASE COMMUNICATION.
I, too, am a stickler for detail.
Steve
Bradenton,Florida,
U.S.A.
Kevin, RE READ my post - That's exactly what I said.
#7Consumer Suggestion
Thu, September 28, 2006
Kevin,
Correction: 2 right, 0 wrong.
I stated that it is NOT illegal to attempt to collect on an out of stat debt.
I also stated that it IS illegal to report the out of stat debt to the credit bureau or take adverse action. This would include lawsuits.
You should go back to the collections business, as you obviously cannot read. You fit right in.
Furthermore, under the law, there is no such thing as a "Cease and Desist". The ACTUAL wording in the FDCPA is CEASE COMMUNICATION.
I, too, am a stickler for detail.
Kevin
Cottage Grove,Minnesota,
U.S.A.
Steve has one right and one wrong
#7Consumer Comment
Thu, September 28, 2006
Dear Serhan and Steve,
You should write a cease and desist letter. MCG will likely stop contacting you. If your credit score is great now, then you have little to worry about. They can't report or re-report you to the credit bureaus after this much time has passed. They can ask you to pay, but they can't make you pay or punish you for not paying.
Steve, you are right. MCG can't take "adverse action" against Serhan. But "adverse action" does not mean an attempt to collect on the debt. They can't re-report it to the credit agencies. They can't pursue legal action. They can merely ask him to pay. Until, of course, they receive a C&D request.
I may find this legal, but I don't find it right. MCG should not be collecting on these accounts. It's just bad business.
Steve
Bradenton,Florida,
U.S.A.
Serhan...This "debt" is uncollectable..and they know it..
#7Consumer Suggestion
Mon, September 18, 2006
Serhan,
Merchant's Credit Guide Co is a junk debt buyer as well as a debt collector. Read all of the prior threads here on Rip Off Report to see how to deal with them.
It is illegal for a collection agency to take adverse action against you or your credit on a SOL/time barred debt, and you have recourse against them if they do.
However, it is not illegal to attempt to collect on such a debt. It is obvious that they do not have your SS#. Do not ever speak to them on the phone, and NEVER give out ANY personal information to ANY collector.
A CEASE COMMUNICATIONS letter should be sent as described in my other posts.