[amcjavalin]

My question involves collection proceedings in the State of: Florida

A number of years ago I had a Chevron credit card. In 1/04 the card went delinquent. I was contacted by a collection agency and made payment arrangements. I was contacted today by a collection agency by the name of Performance Capital. They had purchased the debt. They said it went delinquent 1/04 and the last payment that was posted was 6/28/05. I thought I had paid it off when I set up the payment arrangements. It has been so long since I was contacted about it that I thought it was done. I think it was. But, like so many folks, I doubt I have any records to prove it. He could not provide me with any details about the account such payment arrangements, amount of payments or even the amount of the payment posted on 6/28/05. He said those details did not come along when they purchased the debt.

Also, the fellow called when I wasn't home and my husband answered the phone. The guy told my husband that I got the card in 2003, I had stopped using it in 2004 and didn't make anymore payments. I thought that it was illegal to give anyone but the supposed debt holder any of that information.

Is this a zombie debt? Was it illegal for him to give my husband info about my account? Do I have any recourse? What is my best option?

Oh, and the guy offered to settle the debt for a lessor amount and would send me a "zero balance" letter and report it as such to the credit bureau. I had a collection agency in the past promise me the same thing and it never materialized. So needless to say I don't trust this fellow to do that.

Thanks for your help.

[divemedic]

Within 5 days they are required to send you a letter, notifying you that you have the right to dispute the debt. If you do not have their address yet, that will get it for you. Send them a letter certified mail, telling them that you dispute the debt, and you want to know when the last payment was made.

Since your last payment was made 6/28/05, the SOL has expired. As soon as they send you this, send them another letter, telling them you are not going to pay, and not to contact you again. That should do it.