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  1. #1
    Join Date
    Oct 2008
    Posts
    2

    Unhappy Collections of an Old Auto Repossesion in Colorado

    My question involves an auto loan or repossession in the State of: Colorado

    I had a car that was repossessed in the state of colorado back in 2000 after was all said and done the balance ended up being around 17000.00. I of course could never pay it and it has since been removed from all three credit bureaus and I checked for judgements and there are none listed either.

    Well last week to my surprise I recieved a phone call from an agent regarding this debt I advised that I did not owe it as it is past the statue of limitations and hung up the phone. They called 3 more times in the next five minutes and I kept telling them that I did not owe the acct. I then sent the following letter via certified letter with confirmation of signature...



    To Whom It May Concern:

    In accordance with the Fair Debt Collection Practices Act, I am writing to notify you to cease further communication with me regarding a debt you allege I owe.
    If you continue to contact me in violation of the law I will pursue all legal remedies allowed by Washington and Federal law
    I am also writing to inform you that I dispute the alleged account with Bellco. I do not owe the amount alleged as it is outside the statue of limitations.
    I have reported XXXX to the FTC regarding 3 calls made to my phone within 5 minutes of each other; this is harassment especially after I informed the agent to not call me at work.
    This letter does NOT acknowledge that I owe any monies to you

    So to make a long story short they sent me a letter today stating that if the 17000.00 is not paid in the next ten days they will then make a decision that may include legal action, without further notice made to me....

    Can they do this? I thought I was out of the statue of limitations? Does my letter cover my basis or should I do something else? Does it matter that I live in washington now? I hope someone can help me as it is a very large amount of money.

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Collections of an OLD Auto Repossesion in Colorado?

    From what I've read, the SOL on debts in Colorado is six (6) years. What they, to me, are attempting to do is to get you to send a single payment, or they won a judgement against you, the can renew the debt every six years. If they haven't and no action by them has taken place since 2000, than you can cite the expiration of the SOL as a defense.

    In your letter, you might also want to state the specific statues pertaining to the 6 year limitation, which state:

    All contract actions, including personal contracts and actions under the UCC: 3 years (C.R.S. 13-80-101), except as otherwise provided in 13-80-103.5; All claims under the Uniform Consumer Credit Code, except sections 5-5-201(5); All actions to recover, detain or convert goods or chattels, except as otherwise provided in section 13 -80-103.5.

    Liquidated debt and unliquidated determinable amount of money due; Enforcement of instrument securing the payment of or evidencing any debt; Action to recover the possession of secured personal property; Arrears of rent: 6 years, (C.R.S. 13-80-103.5)
    Just to be safe, you might want to take what information you have and consult an attorney in your state regarding this matter. Consultations are usually free.

  3. #3
    Join Date
    Oct 2008
    Posts
    2

    Default Re: Collections of an Old Auto Repossesion in Colorado

    How would I know if they were able to renew the debt?

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