Debtconsolidationcare.com - the USA consumer forum

Forums
  • Latest topic

10 year old credit card debt - not verified

Date: Tue, 05/24/2005 - 14:51

Submitted by anonymous
on Tue, 05/24/2005 - 14:51

Posts: 202330 Credits: [Donate]

Total Replies: 16

10 year old credit card debt - not verified


hi
had a credit card back in 1995 in MD
i'm sure that i paid all but i have a phone call from collecting agency that i still have outstanding balance with a lot of interests
however the bank i got it from is merged into another bank and new bank doesn't have any record
i've checked all 3 credit reports but nothing in there

questions are;
1. do i need to pay this even i nor collecting agency can't verify this was used by me?
2. it's more than 10 years now; still i need to pay if i have to?
3. if i have to pay, whom do i need to pay to? collecting company or visa?
4. if i don't have to pay, how can i stop collecting agency calling me?

thanks in advance,


Hi user1

Welcome to the forums. It's sad that yet another collection agency is using a foul method to recover a debt from a non-debtor probably through harassment.

I will answer your questions sequentially:

Quote:

do i need to pay this even i nor collecting agency can't verify this was used by me?


If the collection agency is claiming for a debt from you, then there should be a concrete evidence for it. It is your legal right to ask them for the validation of the debt. For a broader idea, please go through this page : http://www.debtconsolidationcare.com/validation.html

Quote:
it's more than 10 years now; still i need to pay if i have to?


Hypothetically, if the debt is presumed to be valid, then it will depend upon the SOL in your state whether your debt is recoverable or not. You can check the laws in your state for the clarification as each state has different laws on SOL.

Quote:
if i have to pay, whom do i need to pay to? collecting company or visa?


Again on hypothetical grounds, since the debt has passed on to the collection agency from the creditors, it needs to be paid to the collection agency only.

Quote:
if i don't have to pay, how can i stop collecting agency calling me?


May I ask if you have any written evidence of your debts being cleared i.e... receipts of payments made etc. apart from the copies of the credit report. If it is available, then you can be in the stronger side and the collection agency can be sued for harassing a non-debtor.

http://www.debtconsolidationcare.com/fdcpa.html

Please do let us know once you have taken the necessary action for it.

Regards
Roxette


lrhall41

Submitted by roxette on Tue, 05/24/2005 - 15:20

( Posts: 4009 | Credits: )


Hi Guest,

Welcome back to the forums.

I read through your query and i will try to answer them sequentially.

i) If you are sure that you have paid all your debts, then please convey this to the collection agency who are calling you along with some documents. And also ask for any document that they can show that would substantiate their claim.

ii)As far as time limit is concerned, please check the SOL of your respective state.If you tell me your resident state,then i may be able to give you the details about the time limit and the rules pertaining to SOL.

iii)about your third query, please check whether your account has been sold-off to the collection agency or not. If your account has been sold off, then the collection agency is the owner of your account and you have to pay it to them. If the account hasn't been sold, then you can still contact your original creditor and ask them about the mode of payment and to whom you should make the payment.

iv)You must be aware, that the fdcpa has laid down in detail, the rights of a debtor and which path to follow, in case a collection agency uses unfair means to collect the debts. Please go through the FDCPA website to know more about your rights or else click on this url:

http://www.debtconsolidationcare.com/fdcpa.html

I Hope this helps answer your queries.
Do come back to the forums again with further queries or suggestions.
Peter.


Regards
Peter


lrhall41

Submitted by peter on Wed, 05/25/2005 - 04:16

( Posts: 285 | Credits: )


Hi peter,
Thanks for your reply.

[quote=peter]
i) If you are sure that you paid all your debts then please convey this to the collection agency calling you along with some documentary evidence. And please ask from them any document substantiating their claim.
[/quote]
Unfortunately I don't have any documents neither collecting agent.

[quote=peter]
ii)As far as time limit is concerned please check the SOL of your respective state.If you tell me your resident state,then i can tell you the time limit and the rules pertaining to SOL.
[/quote]
I got a Visa card in Maryland and now I'm living in California.

[quote=peter]
iii)Please check whether your account is sold off to the collection agency or not. If your account is sold off then the collection agency is the owner of your account and you have to pay it to the collection agency. If the account is not sold then you can contact your original creditor and ask them about the mode of payment and whom to be paid.

iv)You must be aware, that fdcpa has laid down in detail, the rights of a debtor and what path to adopt in case a collection agency uses unfair means to collect the debts. Please go through the FDCPA website to know more about your rights or else click on this url

http://www.debtconsolidationcare.com/fdcpa.html
Hope to hear you soon with your response.

Regards
Peter[/quote]

Thanks again


lrhall41

Submitted by anonymous on Wed, 05/25/2005 - 11:31

( Posts: 202330 | Credits: )


Hi user1

Welcome back. I have collected this information that First Omni Bank is co-branded with Crown Central in their credit cards. Please contact the helpline number of Crown central 888-GO-CROWN (888-462-7696) and request for the phone number of First Omni Bank. Please let me know if this is helpful.

Regards
Roxette


lrhall41

Submitted by roxette on Fri, 05/27/2005 - 17:50

( Posts: 4009 | Credits: )


quick question again,
i had a credit card in MD and now i'm living in CA
which state SOL is applied for my case?
thanks


lrhall41

Submitted by anonymous on Sat, 05/28/2005 - 11:19

( Posts: 202330 | Credits: )


Hi user1

It is nice to see you often in the forums. In your each visit, we will try our best to give more care to you. Please post your comments and suggestions in the forums for any improvement.

Quote:

i had a credit card in MD and now i'm living in CA. Which state SOL is applied for my case?


Answering your post here, the SOL can be applied where the debtor is residing or where the contract was signed. In your case, the credit card was in MD where the contract was signed. So, your stature of limitation will be applied of MD.

Please let me know if I can be of any further help.

Regards
Roxette
He who performs his duty, understanding the secret of work rises above good and evil


lrhall41

Submitted by roxette on Sat, 05/28/2005 - 11:51

( Posts: 4009 | Credits: )


wow... as always, i'm quite amazed how quick and nice answer from you

if you have another chance to answer my annoying question,
should i close out 10 year-old credit card or it is already closed?

thanks again,
have a nice memorial day

[size=2]
[color=red][Made link inactive as per TOS - Mike][/color][/size]


lrhall41

Submitted by anonymous on Sun, 05/29/2005 - 23:54

( Posts: 202330 | Credits: )


Hi user1

It's nice to have you in the forums regularly. Please visit your comments and suggestions for further improvement. Please join the board as a member for free of cost and enjoy the benefits and services exclusively designed for them.

http://www.debtconsolidationcare.com/

Quote:

if you have another chance to answer my annoying question,
should i close out 10 year-old credit card or it is already closed?


We never get annoyed answering your question and you can post your queries anywhere in the forums in any of the threads relating to the topic in the index page.

Regards
Roxette


lrhall41

Submitted by roxette on Mon, 05/30/2005 - 14:13

( Posts: 4009 | Credits: )


Welcome to the forums.

You asked for the Omni Bank contact details.
Quote:

the number is for OMNI BANK and i need number for First Omni Bank

The contact address of First Omni Bank is:
P.O. Box 53105
Phoenix
AZ .

You said:
Quote:
i had a credit card in MD and now i'm living in CA
which state SOL is applied for my case?
thanks

Since you are now a resident of CA and previously you had a credit card in MD, the creditor has the full discretion to choose the statute of limitation of the state having longer SOL. But the general rule is SOL of the residing state will be applicable, no matter where the contract was signed.

You asked:
Quote:
should i close out 10 year-old credit card or it is already closed?

A ten year old credit card has to be closed by you. The financial institution will not close the accounts automatically. So you have to request financial institution not over phone but by written request.

Hope you will find this information useful.
Please feel free to come back with further queries.

Regards,
Peter


lrhall41

Submitted by peter on Tue, 05/31/2005 - 02:31

( Posts: 285 | Credits: )