• Report: #200832

Complaint Review: Merchants Company

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  • Submitted: Thu, July 13, 2006
  • Updated: Thu, July 13, 2006

  • Reported By:Alexandria Virginia
Merchants Company
223 West Jackson Blvd. Chicago, Illinois U.S.A.

Merchants Company attempted ripoff Chicago, Illinois

*Consumer Suggestion: Response

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Merchants company recently sent a letter to my brother's address requesting settlement by me of a supposed debt I had with PNC National Bank.

As it happens, I do not live in the United States, nor have I done so for 23 years. This debt, if there indeed was one, had to have been satisfied by my husband in settlement of divorce, or by my former Employer, which was responsible for all loans taken out in my name.

Not only am I free of all debts according to the Innocent Spouse rule of the IRS, my credit record in the USA is entirely clear, meaning that all prior debts have been paid or discharged as a result of limit of time.

This report is virtually identical to that submitted by another woman who contacted Rip-Off previously, which is how I located this website in the first place.

I would suggest that all people who receive such notices report them to Rip-Off and to the Better Business Bureau. This is criminal fraud, in my opinion.

Kirsty
Alexandria, Virginia
U.S.A.


This report was posted on Ripoff Report on 07/13/2006 07:32 AM and is a permanent record located here: http://www.ripoffreport.com/r/Merchants-Company/Chicago-Illinois-60606/Merchants-Company-attempted-ripoff-Chicago-Illinois-200832. 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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#1 Consumer Suggestion

Response

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

Kristy:

Just FYI, an official division of property in a divorce decree does not absolve a guarantor on a credit account unless steps were taken with PNC to have your name removed from the account (i.e. sign papers with PNC to have the account put solely in your ex's name).

Creditor's are not legally bound by divorce court - the only thing a divorce decree gives you is the right to sue your ex if he fails to take care of his obligations.

All that being said, if the debt is 23 years old, it can never appear again on your credit report.

However, IF YOU HAVE ANY INTENTIONS OF RETURNING TO THE STATE/COUNTRY you might want to make yourself familiar with the laws of whichever state the debt was incurred in (where you were living when the debt supposedly went delinquent). Some states have laws that allow for the tolling "or suspension" of the statute of limitations for a creditor to bring a lawsuit against you if you happen to leave the state or country. Find out where you lived at the time and whether you moved prior to the running of the statute of limitations. If there's a possibility that the SOL was suspended (awaiting your return), then you definitely do NOT want to voluntarily tell Merchant's where you've been - they could use it against you in court.

One other thing: until you tell Merchant's otherwise, it is NOT illegal - or fraudulent - for them to contact you about paying the debt (as long as they don't illegally threaten to sue you or post this on your credit report or otherwise violate the FDCPA). They can ask nicely as long as you continue to let them.

If you don't want them to contact you anymore, send a letter via certified mail demanding that they stop all communications with you regarding this matter - if they fail to do so they violate the FDCPA and you would have grounds for a civil lawsuit.
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