Collections Law/fdcpa

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Expert: - 10/18/2008


Question
QUESTION: hi,
i have a question regarding fdcpa and statue of limitations. i had a car repossesed in 1994. the statue of limitation in my state of pennsylvania is 10 years. back in 2006 (debt was 12 yrs old) national city with which whom i was banking froze my account and took all my money out as repayment for part of that loan, ( i think they bought the old loan). i am still to this day getting threatning collection calls and the debt is now 14 years old. what are my rights on this? thank you

ANSWER: Twila,

When is the last date you made a payment on the debt?  With this I can check Pennsylvania law and see if the SOL has passed.  Thank you.

---------- FOLLOW-UP ----------

QUESTION: in 1995, however in 2006 national city froze my account and took all my money out and the collection agency said that counted as me making a payment.

Answer
Twila,

I would recommend that you contact the Department of Consumer Affairs and report this company.  They should be able to tell you if there was any wrongdoing.  It is hard for me to say for sure since I can not look at the exact dates and paperwork.  I can assure you that Consumer Affairs will get to the bottom of this for you and if they do not, the FTC (Federal Trade Commission) will.  Good luck with this.

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Ray A Miller

Expertise

I am qualified to answer questions on the following subjects: FDCPA, FCRA and HIPAA as well as medical collections, general collections and collection agency related issues. I trained these subjects at a nationwide collection agency and customer service call center and audited around 150 representatives for compliance to the laws. I have been in the Collections Industry for over 30 years. I feel that everyone deserves to be treated fairly and with compassion and that is the way I trained collectors. Even though I worked for a Collection Agency, I get great satisfaction in helping those who have been mistreated or in need of help with these confusing issues.

Experience

I was the Compliance Administrator with a nationwide collection agency and customer service call center-I have trained hundreds of collectors on the above referenced topics. I have been in the medical collections industry for over twenty years and research these topics on a daily basis.

Organizations
ACA International

Education/Credentials
Some college ACA Certified Collection Specialist

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