I recieved a collection letter from these idiots from a Capital One card that was settled on out of court in 2004 or 2005. I have not had a Capital One card since 2002. It did not show up on my last credit report as of 10/2009.
It looks as though they are trying to collect the other half of my debt.
John
Louisville,#2Consumer Comment
Thu, January 21, 2010
There is a statute of limitations for credit card debt, which is the amount of time that they can successfully take legal action against you for the debt. This time period varies for each state. You can find this time period for your state by going to the link below and looking under "Open Accounts."
http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml
If the number of years since you defaulted on this account and stopped making payments on it is greater than the number listed for your state, then they can no longer defeat you in any court action because the debt is time-barred and you dont have to pay it back.
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Stay off the phone:
Send them a letter via Certified Mail + Return Receipt (NOT regular mail) stating:
Per the Fair Debt Collection Practices Act, I am requesting written validation of this alleged debt, which includes:
- a copy of the original signed contract with my signature. A typed letter showing an account number and balance due will not be accepted as validation.
- validation of the original "Date of Delinquency" for this alleged debt
- validation of the "Date of Last Activity" for this alleged debt
- validation that this alleged debt is within the statute of limitations.
Per the Fair Debt Collection Practices Act, cease all verbal communications with me about this alleged debt
Ron
Dunedin,#3Author of original report
Thu, January 21, 2010
I checked my latest report and I does no show up there.
Is this a scam?