Fixing a mistake

[djones]

I have made a very big mistake
I was contacted by who I thought was Citibank about a month ago about a debt that was written off about 10 years ago the lady told me that if I made a good faith payment it would not go into litigation so I did a check by phone. When I received my bank statement I found it was Portfolio Recovery Assoc that I was paying.

Junk Debt Buyers press for payment of some amount to bring the debt back under the statute of limitations after which they can sue you and have a chance of winning.

This is part of my mistake the others have them calling me at work and wanting to speak to my supervisor (This happened after I have been reading this site for a couple days so I was better informed of my Rights) and calling my parents home.

(b) The applicable statute of limitations, the date it began to run; whether it has expired and whether and when it started running anew, if tolled.

Can you explain what you mean by tolled?

[masterduke]

Well you have "re-aged" that debt and are now on the hook for years as this is now considered a current valid "debt" As for them calling your boss and your parents this is illegal and you should consider suing them for this? You should notify them to cease all telephonic communication and you will only correspond via mail. You need to learn how to protect yourself from these thieves!!! There are forum members who may be able to help. Sorry to hear that you got snaked by those rats!
Clear out your bank account, leaving only your overdraft protection so they won't be able to clean your account out by comming up with some Summary Judgement crap. Moniter your local district court to make sure there are no suits/actions filed against you. DO NOT ANSWER THE PHONE!

[masterduke]

djones, I don't know if its too late or if it can even be done with an electronic check, but could you stop payment on this transaction?? It may be too late but it was just a thought. That really bugs me how these debt collectors will prey on peoples ignorance of the law to jab you. Every state is different concerning SOL of debts but if it had been 10 years gone that was a dead debt so to speak. The Portfolio chumps are a company that buys those ancient debts(like Camco used to) for next to nothing and I mean nothing and then go about tricking people into believing they are still valid. 10 years ago their electronic snooper computers were not as potent as they are now. So now with the click of a mouse these s***bags can find out all sorts of stuff about you

[charlesa6]

You are absolutely right, Masterduke.
Changing the default date used to compute the seven-year period a bad debt can remain on your credit report. (A collection agency or bad debt buyer is required to use the same date as the original creditor. Often, they use a newer date, which allows the entry to remain on your credit report longer, especially when you make a deal with them for monthly payment.

[masterduke]

djones, Please do not think that I am scolding you or berating you in any way! I have also been a potential victim of the same scam with an ancient debt an ex had pulled on me(using my name, etc) over 10 years ago. I checked here at this forum first and was informed by several members as to what the real deal is concerning SOL and the whole scam. Slavenomore, Iamfreeru2, JRB, were the members who informed me as to the created liabilty if a new payment was made and also the lack of legal standing this debt collector had in chasing me down. I still get offers from them which I promptly toss. That thread was titled; Anyone Heard of these Chumps?

[charlesa6]

You are telling the truth, masterduke. That's the way, its work.

[djones]

djones, Please do not think that I am scolding you or berating you in any way!

Oh don’t worry about that.
I wish I had found this site earlier and gotten a scolding before they called me. I can only say this “that it won’t happen again”. And the more I read the different post and threads I find that I have been in the dark for a long time. That light at the end of the tunnel isn’t necessarily a train now.

I don't know if its too late or if it can even be done with an electronic check, but could you stop payment on this transaction??

Its to late now because it was on my statement and they have the money.

I’m not sure but I thought I read somewhere that a collection company that has bought a debt can only collect what they paid for it. In any can I can send them a VOD and try to contest it

[Codee]

Originally Posted by djones

I have made a very big mistake
I was contacted by who I thought was Citibank about a month ago about a debt that was written off about 10 years ago the lady told me that if I made a good faith payment it would not go into litigation so I did a check by phone. When I received my bank statement I found it was Portfolio Recovery Assoc that I was paying.


This is part of my mistake the others have them calling me at work and wanting to speak to my supervisor (This happened after I have been reading this site for a couple days so I was better informed of my Rights) and calling my parents home.



Can you explain what you mean by tolled?

This should not be more difficult then a statute of limitations demurer.

[masterduke]

Codee, How do you contest the "re-aging" of the debt with djones making a payment? I was led to believe that if that occurs then it restarts the whole debt cycle? That would be great if what you offer is workable? I hope that it is. Please share your thoughts on this.

[djones]

Could I contest the "re-aging" of the debt by arguing the fact that they led me to believe that they were Citibank and that they would start litigations in 7 days?