In December 2005 I started receiving collection notices from West Asset Management stating that they were trying to collect a debt I owed Wells Fargo. (I had disputed this debt from Wells Fargo directly and they ignored my request for validation. I assume they subsequently sold it to West Asset Mgmt.) I sent them a debt validation and cease communication letter via certified mail. They stopped calling my home, but continued calling my husband at his work. I sent another certified letter, then a third, all certified mail. They never validated the debt, and upon receipt of the third letter, they stopped collection. This was March 2006. (BTW, this has not shown up on my credit bureau; I'm on top of that nearly every week, and my credit looks good. Thank God I kept all my letters and receipts!) Today I received a letter from Enhanced Recovery Corp regarding the same debt West Asset was trying to collect, obviously West sold them a piece of paper saying the paper was potentially worth something and they bought it. While I'm looking forward to the cat and mouse game, tonight I once again researched the statute of limitations and FDCPA rules. One of the paragraphs that caught my eye was:
"If you are being contacted by a collection agency about a debt for which you believe the SOL has run, you do have the right to demand that the collection agency "cease&desist" from further collection efforts on the debt. At that point, the collection agency is required to stop any further efforts to collect on the debt, nor is the agency legally allowed to transfer or sell the debt to another agency."
My question to you and others 'in the know': is this true? Can I sue West Asset for selling the debt to another junk debt buyer/collection agency, Enhanced Recovery? Have you done this? I did a search on ROR for Enhanced Recovery and only found one hit. I'm sure they're not THAT good.
Just curious...I look forward to your response. I'm drafting my cease and desist/validation letters tonight to Enhanced Recovery. It'll be fun! Just wondering if it might be worth my while to try and sue West Asset Management for violating my rights....