Ed
Houston,#2Consumer Suggestion
Thu, February 27, 2003
In my opinion, IF YOU RECEIVE ANY OFFER TO REAFFIRM YOUR OLD DEBT - YOU SHOULD REFUSE IT!!! You may receive a credit card offer from a credit card company or the "Westmoreland Group." In my opinion, that is a Cap One sub that apparently buys old debt for pennies on the dollar, and then gets people to basically void their statute of limitations defense by accepting the credit card. I heard from one man who told me that he was offered a credit card on a debt he last knew of in 1989! He claimed that he had a zero balance on the old debt, too. So, do not just accept the deal if the debt is more than a couple years old. (In my opinion, you are better off refusing any offers from Cap One of any of its subsidiaries or related entities.) If six years have passed since your first missed a payment on the account, then the five-year statute of limitations applicable to cap one accounts is likely over, and the "debt" is unenforceable. If that is the case, sue them in your local state or federal district court for a declaratory judgment that the debt is not collectable, and add federal claims for unfair debt collection practices against RSI for the untrue statement about $100 per word, etc. (If you include these federal claims, then Cap One may remove the case to federal court.) Also, send them letters contesting the debt. If they continue reporting the debt, then they may be liable to you for violating the Fair Credit Reporting Act (a part of the Truth in Lending Act).
Ed
Houston,#3Consumer Suggestion
Thu, February 27, 2003
In my opinion, IF YOU RECEIVE ANY OFFER TO REAFFIRM YOUR OLD DEBT - YOU SHOULD REFUSE IT!!! You may receive a credit card offer from a credit card company or the "Westmoreland Group." In my opinion, that is a Cap One sub that apparently buys old debt for pennies on the dollar, and then gets people to basically void their statute of limitations defense by accepting the credit card. I heard from one man who told me that he was offered a credit card on a debt he last knew of in 1989! He claimed that he had a zero balance on the old debt, too. So, do not just accept the deal if the debt is more than a couple years old. (In my opinion, you are better off refusing any offers from Cap One of any of its subsidiaries or related entities.) If six years have passed since your first missed a payment on the account, then the five-year statute of limitations applicable to cap one accounts is likely over, and the "debt" is unenforceable. If that is the case, sue them in your local state or federal district court for a declaratory judgment that the debt is not collectable, and add federal claims for unfair debt collection practices against RSI for the untrue statement about $100 per word, etc. (If you include these federal claims, then Cap One may remove the case to federal court.) Also, send them letters contesting the debt. If they continue reporting the debt, then they may be liable to you for violating the Fair Credit Reporting Act (a part of the Truth in Lending Act).
Ed
Houston,#4Consumer Suggestion
Thu, February 27, 2003
In my opinion, IF YOU RECEIVE ANY OFFER TO REAFFIRM YOUR OLD DEBT - YOU SHOULD REFUSE IT!!! You may receive a credit card offer from a credit card company or the "Westmoreland Group." In my opinion, that is a Cap One sub that apparently buys old debt for pennies on the dollar, and then gets people to basically void their statute of limitations defense by accepting the credit card. I heard from one man who told me that he was offered a credit card on a debt he last knew of in 1989! He claimed that he had a zero balance on the old debt, too. So, do not just accept the deal if the debt is more than a couple years old. (In my opinion, you are better off refusing any offers from Cap One of any of its subsidiaries or related entities.) If six years have passed since your first missed a payment on the account, then the five-year statute of limitations applicable to cap one accounts is likely over, and the "debt" is unenforceable. If that is the case, sue them in your local state or federal district court for a declaratory judgment that the debt is not collectable, and add federal claims for unfair debt collection practices against RSI for the untrue statement about $100 per word, etc. (If you include these federal claims, then Cap One may remove the case to federal court.) Also, send them letters contesting the debt. If they continue reporting the debt, then they may be liable to you for violating the Fair Credit Reporting Act (a part of the Truth in Lending Act).
Ed
Houston,#5Consumer Suggestion
Thu, February 27, 2003
In my opinion, IF YOU RECEIVE ANY OFFER TO REAFFIRM YOUR OLD DEBT - YOU SHOULD REFUSE IT!!! You may receive a credit card offer from a credit card company or the "Westmoreland Group." In my opinion, that is a Cap One sub that apparently buys old debt for pennies on the dollar, and then gets people to basically void their statute of limitations defense by accepting the credit card. I heard from one man who told me that he was offered a credit card on a debt he last knew of in 1989! He claimed that he had a zero balance on the old debt, too. So, do not just accept the deal if the debt is more than a couple years old. (In my opinion, you are better off refusing any offers from Cap One of any of its subsidiaries or related entities.) If six years have passed since your first missed a payment on the account, then the five-year statute of limitations applicable to cap one accounts is likely over, and the "debt" is unenforceable. If that is the case, sue them in your local state or federal district court for a declaratory judgment that the debt is not collectable, and add federal claims for unfair debt collection practices against RSI for the untrue statement about $100 per word, etc. (If you include these federal claims, then Cap One may remove the case to federal court.) Also, send them letters contesting the debt. If they continue reporting the debt, then they may be liable to you for violating the Fair Credit Reporting Act (a part of the Truth in Lending Act).