My question involves collection proceedings in the State of: DE
I have private TERI student loans from 2001 that have defaulted. I was unable to claim them in my 2003 bankruptcy. I have never made a payment on them and only requested forbearances etc to extend the payment owed.
Several months ago I was contacted by a debt collector and wrote them to not contact me again. They responded by attempting to serve me “breach of contract” paperwork. They never served me and the paperwork was sent back as such.
I have asked them to validate the debt and they sent copies of promissory notes with incorrect amounts listed on them. I believe the loan amount was lowered by several thousand dollars, but no new promissory note was signed and my school did not certify the loans.
They sent several documents showing differing amounts owed for these loans and have never explained why the amounts are listed differently. They never sent payment history etc.
1. I have written several letters (certified mail/return receipt) requesting only to be contacted by mail. I did not hear from them for months and now again they are calling me everyday stating “this firm is a debt collector” and “this is an attempt to collect a debt”. I’m assuming they are attempting to get a default judgment and know they can contact me again to tell me. Are they allowed to call everyday for over two months when they’ve gotten recent letters stating to contact me only by mail?
2. The state SOL should expire within 6 months according to my calculation based on the expiration of my last forbearance request. Would they have access to AES records to know when my last forbearance request expired? Without this knowledge these loans would be past SOL and time barred, they have refused to answer my requests to SOL expiration questions.
3. Per my request for an assignment of the debt they sent a letter from AES to TERI dated in 2004, assigning rights to Teri. They are not the original lender but state merely that TERI is their client. Is this proper documentation for assignment of the debt?

