• Report: #137189

Complaint Review: EMCC/CAMCO

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  • Submitted: Fri, April 01, 2005
  • Updated: Fri, July 08, 2005

  • Reported By:simi valley California
EMCC/CAMCO
33 RIVERSIDE DRIVE PEMBROKE, Massachusetts U.S.A.

EMCC/CAMCO ripoff PEMBROKE Massachusetts

*Consumer Suggestion: Making a payment does not toll statue of limitations

*Consumer Comment: Statue of Limitations - once you send them a payment the SOL time clocks starts all over again!

*Consumer Suggestion: yes it is way over

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Oh my gosh what a nightmare. In october last year we got a call that my husband owed 3,000 to camco for a citibank account from over 11 years ago.. I called him and he said.. he didn't think he ever had one.. he was a bad alcoholic in his mid late 20's and really has no clue.

He is sober now and his credit is spotless, so we called them back and said can we settle. he is on his feet and we don't want his credit ruined.. ( they said it would go on his credit again if he didn't settle as they bought it from citibank) we asked for a copy and they said citibank would have to send it and that it would go on the credit in the meantime.. we didn't want to lose his credit as we were buying a home, so we authorized a payment for $500.00 and sent an electronic check to them. with the condition of a release letter. We chalked it up to a drinking life lesson.

no letter came.. no letter came.. we fast forward to February.. and we get call after call from EWCC and they said. haven't you gotten our letters. ( NO nothing nada no letter) they now say we owe it in full and they bought from camco.. They wouldn't talk to me. only my husband even with his authorization, the said they show a payment in October.. my husband said.. I didn't send it to you.. i never paid a payment to you.. then they said it was to camco. .and we called back and said.. yes he paid to camco and it was settled in full and they said. no it wasn't and the harrassment started.. THIS IS OVER 12 YEARS OLD AND NO ONE HAS SENT ANY PROOF.

we just faxed a cease and decist letter and filed with the ftc, and the Attorney General.. We live in CA .. the statute of limitation is long gone.. I think.. if anyone knows the statute let me know

Sheryl
simi valley, California
U.S.A.

This report was posted on Ripoff Report on 04/01/2005 12:41 PM and is a permanent record located here: http://www.ripoffreport.com/r/EMCCCAMCO/PEMBROKE-Massachusetts-02359/EMCCCAMCO-ripoff-PEMBROKE-Massachusetts-137189. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 3Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Suggestion

Making a payment does not toll statue of limitations

AUTHOR: Mary Ann - (U.S.A.)

Hi,
I live in MA, as well and it is not true that making a payment to bring down a debt principle tolls the statue of limitations for a creditor to enforce his rights.
In order for a creditor to enforce his rights a new renewed contract must be signed. A "Promise To Pay". And it must be in writing and for a specific amount. So, if you sign a "Promise to Pay" letter and say you are only promising to pay 2000 dollars out of the 3000 dollars you owe, the creditor can toll the statue of limitations on only 2000 of your bill. The "promise to pay" must not be misconscrude.

However the fault is not with the laws in this country, but with the Judges and greedy lawyers who work against you, especially if you go pro se in a counter claim. You must be on guard that every deception will be played between the debt collection lawyer and the judge. They count on the un-represented defendent not fully understanding the laws, and they deliberately see that the laws are broken on their behalf to collect their fees, and court cost. So beware.
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#2 Consumer Comment

Statue of Limitations - once you send them a payment the SOL time clocks starts all over again!

AUTHOR: Tammy - (U.S.A.)

Unfortunately once you send them a payment the SOL time clocks starts all over again
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#3 Consumer Suggestion

yes it is way over

AUTHOR: Scott - (U.S.A.)

Make sure that cease and desist was sent certified mail return receipt requested or they will deny getting it. Regular mail will not work. If you sent regular mail then send it again.

The sol in california is 4 years. Tell them to go to well you know..


CALIFORNIA
Code of Civil Procedure
2 Years
Open Acct.: No writing
Oral Contract; 339
+++++++++++++++++++++++++++++++
339. Within two years: 1. An action upon a contract, obligation or liability not
founded upon an instrument of writing, except as provided in Section 2725 of the Commercial Code or subdivision 2 of Section 337 of this code;
++++++++++++++++++++++++++++++++
4 Years
Open Acct.: Reduced to writing-
Written Contract: 337
+++++++++++++++++++++++++++++++
337. Within four years:
1. An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a of this code;

2. An action to recover
(1) upon a book account whether consisting of one or more entries;

(2) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing;

(3) a balance due upon a mutual, open and current account, the items of which are in writing; provided, however, that where an account stated is based upon an account of one item, the time shall begin to run from the date of said item, and where an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item.

PLEASE NOTE- THE SOL FOR A CREDIT CARD ACCOUNT STARTS FROM THE LAST PAYMENT OR CHARGE ON A MUTUAL, OPEN, AND CURRENT ACCOUNT. THIS MEANS THAT ANY PAYMENTS MADE AFTER THE ACCOUNT WS CLOSED TO FURTHER CHARGES OR PURCHASES DOES NOT EXTEND THE SOL.

However, if the obligation sued upon constitutes an open book account, the statute of limitations begins to run from the date of the last entry on the account. Code of Civil Procedure 337(2). But an open book account becomes closed, and the statute of limitations begins to run, once the account creditor ceases to extend credit on the account and there is no further activity on the account other than payment being made. RNC, Inc. v. Tsegeletos (1991) 231 Cal.App.3d 967, 972.

California "Borrowing" Statute

202. Cause of action accruing without the State. An action based upon a cause of action accruing without the State cannot be commenced after the expiration of the time limited by the laws of either the State or the place without the State where the cause of action accrued, except that where the cause of action accrued in favor of a resident of the State the time limited by the laws of the State shall apply.
++++++++++++++++++++++++++++++++<

P>THE FOLLOWING IS TO BE USED FOR THE "SOL" LETTER PARAGRAPH RELATING TO STATE LAW. USE EITHER JUST THE REFERENCE-OR INCLUDE A COPY OF THE WHOLE SECTION.


California Penal Code


PENAL CODE SECTION 518-527


518. Extortion is the obtaining of,or attempt to obtain property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right.

519. Fear, such as will constitute extortion, may be induced by a threat, either:
1. To do an unlawful injury to the person or property of the individual threatened or of a third person; or,
2. To accuse the individual threatened, or any relative of his, or member of his family, of any crime; or,
3. To expose, or to impute to him or them any deformity, disgrace or crime; or,
4. To expose any secret affecting him or them.


520. Every person who extorts any money or other property from another, under circumstances not amounting to robbery or carjacking, by means of force, or any threat, such as is mentioned in Section 519, shall be punished by imprisonment in the state prison for two, three or four years.

521. Every person who commits any extortion under color of official right, in cases for which a different punishment is not prescribed in this Code, is guilty of a misdemeanor.

522. Every person who, by any extortionate means, obtains from another his signature to any paper or instrument, whereby, if such signature were freely given, any property would be transferred, or any debt, demand, charge, or right of action created, is punishable in the same manner as if the actual delivery of such debt, demand, charge, or right of action were obtained.

523. Every person who, with intent to extort any money or other property from another, sends or delivers to any person any letter or other writing, whether subscribed or not, expressing or implying, or adapted to imply, any threat such as is specified in Section 519, is punishable in the same manner as if such money or property were actually obtained by means of such threat.

524. Every person who attempts, by means of any threat, such as is specified in Section 519 of this code, to extort money or other property from another is punishable by imprisonment in the county jail not longer than one year or in the state prison or by fine not exceeding ten thousand dollars ($10,000), or by both such fine and imprisonment.

525. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent adult, as defined in Section 368, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.

526. Any person, who, with intent to obtain from another person any money, article of personal property or other thing of value, delivers or causes to be delivered to the other person any paper, document or written, typed or printed form purporting to be an order or other process of a court, or designed or calculated by its writing, typing or printing, or the arrangement thereof, to cause or lead the other person to believe it to be an order or other process of a court, when in fact such paper, document or written, typed or printed form is not an order or process of a court, is guilty of a misdemeanor, and each separate delivery of any paper, document or written, typed or printed form shall constitute a separate offense.

527. Any person who shall sell or offer for sale, print, publish, or distribute any paper, document or written, typed or printed form, designed or calculated by its writing, typing or printing, or the arrangement thereof, to cause or lead any person to believe it to be, or that it will be used as an order or other process of a court when in fact such paper, document or written, typed or printed form is not to be used as the order or process of a court, is guilty of a misdemeanor, and each separate publication, printing, distribution, sale or offer to sell any such paper, document or written, typed or printed form shall constitute a separate offense, and upon conviction thereof in addition to any other sentence imposed the court may order that all such papers or documents or written, typed or printed forms in the possession or under the control of the person found guilty of such misdemeanor shall be delivered to such court or the clerk thereof for destruction.
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