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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
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About 6 years ago I applied for a Discover Card. It had a credit

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About 6 years ago I applied for a Discover Card. It had a credit limit of $300.00, at that time I discovered that there it couldn't be used in very many places and that I really couldn't afford it so I asked them to close my account. In the last few weeks I have been contacted by 3 different companies claiming to have bought my account. I made payment arrangements with one, but went to my bank to stop the payments after the other companies called. These companies also contacted some of my references and told them personal information, what can I do?
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 10 months ago.
Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today. I'm sorry to hear that this happened.

First, it is a violation of the Fair Debt Collection Practices Act for a debt collector to discuss the account with a third party. If they are trying to locate you, they can state that they are looking for you and ask for your whereabouts. But they are not allowed to state that you owe a debt. Section 804. Second, you have a right as a consumer to request validation of the debt from the person trying to collect it. They're supposed to notify you of this right within five days of contacting you about the debt. Section 809. A debt collector cannot continue to try to collect the debt until this information is provided. This site has some sample letters.
http://www.creditinfocenter.com/forms/sampleletter9.shtml


Also, you said that it's been about 6 years. Discover's credit card agreement states that it is governed by Delaware law. The statute of limitations for breach of contract in Delaware is only three years. It is a violation of the FDCPA to represent a debt as collectible once the statute of limitations has passed. See Section 807. Therefore, you may have another claim against them - a violation of the FDCPA can subject the debt collector to up to $1,000 in civil liability. Section 813.

You may want to check your credit report, if you have not already done so, to see if there is a past-due balance owed to Discover. Discover may be able to tell you whether they sold the debt and, if so, to whom. You can get a free copy of your credit report each year at www.annualcreditreport.com. Scam artists sometimes call pretending to be debt collectors, so seeing if there is an unpaid debt on your credit report, and who reported it, is one way to help figure out if this is a real debt.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Lawyer
Satisfied Customers: 19610
Experience: Lawyer
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