• Report: #299967

Complaint Review: Ocwen Loan Servicing, LLC

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  • Submitted: Mon, January 14, 2008
  • Updated: Tue, January 22, 2008

  • Reported By:Rumford Maine
Ocwen Loan Servicing, LLC
2015 Vaughn Road Kennesaw, Georgia U.S.A.

Ocwen Loan Servicing, LLC Trying to collect on alleged debt that is over 17 years old Kennesaw Georgia

*Consumer Comment: roxy...

*Consumer Comment: SINCE YOU ASKED

*Consumer Comment: SINCE YOU ASKED

*Consumer Comment: SINCE YOU ASKED

*Consumer Comment: SINCE YOU ASKED

*Consumer Comment: Roxymom...

*Author of original report: Update to address comments from bill collector in Mesa, Arizona

*Consumer Comment: WHICH IS IT!

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This is getting to be a nightmare. Ocwen is trying to collect on an alleged debt that is over 17 years old. They bought this from another company named Asset Acceptance Llc, which I wrote and told them to leave us alone because the debt was bogus. Now, three years later, this Ocwen company is trying to do the same thing.

I have written to Ocwen and told them that I dispute this debt. I want them to validate it and send me the name and the address of the original creditor, who by the way has been our of existence for at least ten years. How long can a company try to collect on a past debt? I thought that the Fair Credit Reporting Act gave you a second chance?

Roxymom
Rumford, Maine
U.S.A.

This report was posted on Ripoff Report on 01/14/2008 04:19 PM and is a permanent record located here: http://www.ripoffreport.com/r/Ocwen-Loan-Servicing-LLC/Kennesaw-Georgia-30144/Ocwen-Loan-Servicing-LLC-Trying-to-collect-on-alleged-debt-that-is-over-17-years-old-Kenn-299967. 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 8Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

roxy...

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

Ignore bottomfeeder bill.

Owcen cannot collect on a 17 year old debt unless you have agreed to or started repaying it. And yes, bottomfeeder bill knows this.

Just follow the steps. If go to Buddhibbs you can find a good bit of info on this. There are many websites (good SOL debts) that can give you good advice on how to deal with this.

remember STAY OFF THE PHONE. Do not talk to them, do not tell them anything!
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#2 Consumer Comment

SINCE YOU ASKED

AUTHOR: Billcoll01 - (U.S.A.)

YES, I SLEEP VERY WELL! THANKS FOR ASKING. NOW, BACK TO YOUR POST. THERE IS NO SHAME TO HAVE HAD BAD CREDIT & NOW ITS FIXED! NONE AT ALL! BUT, THERE IS A DIFFERENCE BETWEEN AN OLD DEBT & A BOGUS DEBT. A BOGUS DEBT NEVER EXISTED, WHERE AS AN OLD DEBT IS JUST THAT.
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#3 Consumer Comment

SINCE YOU ASKED

AUTHOR: Billcoll01 - (U.S.A.)

YES, I SLEEP VERY WELL! THANKS FOR ASKING. NOW, BACK TO YOUR POST. THERE IS NO SHAME TO HAVE HAD BAD CREDIT & NOW ITS FIXED! NONE AT ALL! BUT, THERE IS A DIFFERENCE BETWEEN AN OLD DEBT & A BOGUS DEBT. A BOGUS DEBT NEVER EXISTED, WHERE AS AN OLD DEBT IS JUST THAT.
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#4 Consumer Comment

SINCE YOU ASKED

AUTHOR: Billcoll01 - (U.S.A.)

YES, I SLEEP VERY WELL! THANKS FOR ASKING. NOW, BACK TO YOUR POST. THERE IS NO SHAME TO HAVE HAD BAD CREDIT & NOW ITS FIXED! NONE AT ALL! BUT, THERE IS A DIFFERENCE BETWEEN AN OLD DEBT & A BOGUS DEBT. A BOGUS DEBT NEVER EXISTED, WHERE AS AN OLD DEBT IS JUST THAT.
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#5 Consumer Comment

SINCE YOU ASKED

AUTHOR: Billcoll01 - (U.S.A.)

YES, I SLEEP VERY WELL! THANKS FOR ASKING. NOW, BACK TO YOUR POST. THERE IS NO SHAME TO HAVE HAD BAD CREDIT & NOW ITS FIXED! NONE AT ALL! BUT, THERE IS A DIFFERENCE BETWEEN AN OLD DEBT & A BOGUS DEBT. A BOGUS DEBT NEVER EXISTED, WHERE AS AN OLD DEBT IS JUST THAT.
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#6 Consumer Comment

Roxymom...

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

Is this debt for?
* Federal Student Loans;
* Most Types of Fines;
* Past Due Child Support (state dependent); and
* *Taxes (In many cases, income taxes have a 10-year SoL but this can be suspended as well as have more time added by filing the proper forms. Check with a local tax resolution expert about your particular situation.

If the Debt is for any of these, the debt does not qualify for a Statue of Limitations defense.

If the Debt is 17 years old (and you haven't made a payment since then?) then the debt is past the statue of limitations. While the statute of limitations is expired, making ANY payment or signing a promissory note can reset or restart (depends on your state law) the statute of limitations.

First off, DO NOT TALK TO THEM ON THE PHONE. TELL THEM THAT THEY ARE NOT ALLOWED TO PHONE YOU, BUT ALL COMMUNICATION MUST BE IN WRITING

Send them a letter demanding they validate the debt.

When they fail to do so, send them a cease and desist letter (you can google both of these on the net). You can also send them a SOL (Statue of Limitation or Sh*t out of luck ;) your choice !!!)

If you demand validation, they must cease all attempts to collect this debt (including reporting it to the credit reporting bureaus) until they validate the debt. If they validate the debt (doubtful considering the lenght of time), you can use the SOL defense.

Spend some time researching. Get a copy of the FDCPA, the FCRA (google them both, you can download PDF files). Research some web sites and you can get some good info!
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#7 Author of original report

Update to address comments from bill collector in Mesa, Arizona

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

Sir, we do not dispute that 17 years ago we messed up. We made bad choices and ruined our credit. We knew the shame of not having credit, we knew what it felt like not to be able to pay our bills. We scrimped and we saved until we got ourselves off the street and out of the gutter and rebuilt our respective lives. The Fair Credit Act says we get a second chance. So, I find your comments very distasteful.

The first company was told to leave us alone, after they could not verify the oringinal debt. The law states that if a collection agency cannot verifty a debt that they must cease and desist. We were told then that the original creditor had been out of business for over ten years.

We are following the same steps with regards to Ocwen. We are asking them to verify the original debt and the next step is the cease and desist letter. Thank you for you comments, thank you for questioning my honesty. I can understand why in your line of work you wouldn't believe me either. But, I sleep very well at night and can look at myself in the mirror. Can you?
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#8 Consumer Comment

WHICH IS IT!

AUTHOR: Billcoll01 - (U.S.A.)

IS IT A BOGUS DEBT OR IS IS A LEGIT BUT OLD DEBT? ON ONE LINE YOU WROTE "I wrote and told them to leave us alone because the debt was bogus." ON ANOTHER "I want them to validate it and send me the name and the address of the original creditor, who by the way has been our of existence for at least ten years.

How long can a company try to collect on a past debt? I thought that the Fair Credit Reporting Act gave you a second chance?" WHY WOULD YOU NEED A SECOND CHANCE IF ITS A BOGUS DEBT? ALSO, IF YOU REQUESTED INFO ON THE ORIGINAL CREDITOR, HOW DO YOU KNOW THEY "has been our of existence for at least ten years."? SOUNDS LIKE THERE IS A LITTLE DISHONESTY GOING ON HERE! IS IT OR IS IT NOT A DEBT YOU INCURRED?
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