Bankruptcy Discharged And Now This

[Denmarie]

My husband and I received our discharge papers last week. Don't know if it's coinsidence or not but the other day we got a letter from a collection agency called Merchants' Credit Guide Co. in Hauppauge, New York. They tell us they are representing CFB Financial, (originally Chase Manhatten Bank) that purchased a defaulted credit card account I had with Chase Bank 19 years ago. In the letter they say we can pay them $256 to pay the account off. I did have a Chase Credit card back in 1986, and to tell the truth I don't remember if I paid them off or not. Four years later in 1990 we moved from California to our present home in Oklahoma. My Question is; Can they legally try to collect this after 19 years?

Denmarie

[FilingOnMyOwn]

Wow thats pathetic. I'm sure over the past 20 years they've spent far over and above the 256$ just keeping the bill alive. I would say, if you have checked all 3 of your major credit bureau reports recently (which you should be doing anyways), and its not on there, don't worry about it. If it is still on there, mail them a copy of your bk filing. I wouldn't pay the 256 unless I had too, but chances are they will let it go even if it is on your credit report.

[StaciMM]

This is a new trend-Junk Debt Buyers (JDB's) purchasing out of SOL accounts. Send them a letter notifying that the account is beyond statute of limitations, and to not contact you any more regarding it. Stay off the phone, and don't send them a penny. If you were to pay anything, you would be renewing the SOL clock.

[bezoar]

Yes, that's waaaay beyond the SOL in Oklahoma. I'd send 'em a letter and tell them not to bother you again. Check your CR's, though. A debt that old should not be reported, unless they have done a little creative "re-aging". Although it is unlikely that they will sue over that amount, in OK they CAN - Your defense would be, of course, the fact that the debt is well beyond the SOL.

I'd just make sure that the debt is not listed on your CR's, send them a drop dead "cease & desist" letter (CMRRR), and keep all of your documentation w/ them, record any phone calls, etc. - just in case they don't go away as they should.

[StaciMM]

Anyone can try to sue for anything-if you do nothing about it, it becomes a default judgement. (Such as I file that someone owes me $10,000, they ignore the court notices, I get a judgement against them. If they respond, of course, then the whole thing would get dismissed as I had nothing to back up my claim.) If you have a good defense (do not owe, out of SOL, etc.) it wouldn't take much to get the case dismissed. JDB's are not likely to put money into going to court though-and if you let them know that you are not going to put up with them, they'll likely roll over. They most likely bought the account for next to nothing, and are just out there looking for the poor souls who will send a payment, not knowing any better...

[StaciMM]

Here is a link to a thread, similar topic, at Credit Boards. It includes a link to a sample letter as well.

http://creditboards.com/forums/index.php?showtopic=148914

[pink_amulet]

My husband and I received our discharge papers last week. Don't know if it's coinsidence or not but the other day we got a letter from a collection agency called Merchants' Credit Guide Co. in Hauppauge, New York. They tell us they are representing CFB Financial, (originally Chase Manhatten Bank) that purchased a defaulted credit card account I had with Chase Bank 19 years ago. In the letter they say we can pay them $256 to pay the account off. I did have a Chase Credit card back in 1986, and to tell the truth I don't remember if I paid them off or not. Four years later in 1990 we moved from California to our present home in Oklahoma. My Question is; Can they legally try to collect this after 19 years?

Denmarie

Merchant's credit are bottom feeders.....I had for a few of my accounts. They had a bad check from back in 1993 that they are trying to collect on, which is way past the SOL. Inform them you filed BK. See if that scares them off. If not and since you don't remember, send them a letter to verify the debt (IN WRITING). If they don't with in 30 days dispute it. Merchant WILL Post on your credit reports I had 3-4 accounts from them, over a check and medical bills!! good luck

pink_amulet

[bkfiler]

...bad check from back in 1993

ok, bad check writing also. checkmark!

ok sorry just wanted to take notes.
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as for the actual thread, like staci said if you pay one little penny it starts the SOL over again.

also, all you need to do is send them a copy of your discharge paper certified mail signature requested. in most states when you forget to include a debt by mistake that debt is discharge as well. not to mention they are way past their deadline to collect.

i would also take a snapshot of my finger flipping them the bird and one of my hinney and tell them they got screwed on this deal

[sunshine08]

BK -Where do you come up with this stuff? Not that I don't think this is great, because it is!!!