NCO and old debt

[Anonymous]

I have recently pulled my credit reports (for the 1st time ever), back in Nov. and Dec. I have some negative marks on all 3.

The break down:

EQ-

Got a NCO collections off

Got a Capital One late payment from 2002, off

Was not able to get a Lanier Collections off, "verified", Reported 2002

EX-

Capital One, off

NCO, off

Lanier - "verified" Reported 2001

TU-

Got the NCO off

Did not get the Capital One late payment off, Reported 2002

Lanier was not on it

Now, this month NCO sends me a letter trying to collect from a Sears card. It is at least 10 years, since I have paid anything on it (and had actually forgotten all about it). Anyway, I am not in the position to pay the settlement ($720 of $1800).

Now, knowing NCO (and them making the top 10 wrost collections agencies in America) probably has reported this in the past (since it has been 10 years and SOL should be in effect). The problem is, I don't have any reports to prove they did report it. How should I handle this? Is there a way to see older reports? I am pretty sure the debt is mine (this time with NCO), but not sure about the dollar amount.

Next question, EQ will have Lanier on until next year (it looks like). Should I ask them what they verified or do I send that request to Lanier? And what must the provide as "proof"?

Same with TU and Capital One, the other two changed it, they said "verified". I closed that account out, but have 2 other cards through them now. How should this one be handled?

Thanks in advance.

[Anonymous]

One more question (while I'm on it). I have a Providian card that was sold to Washingtion Mutual, about 2 years ago. I have been in school and used the CC (while it was Providian) when needed to get through some tough times, the balances are near max. I have not been late with any of them (I have 4 CC), but have been pushed over the limit. The problem is WAMU raised the interest rate on me awhile back to 32% (before the over the limit). They said they sent me something telling me they would, I never saw it. Anyway, the high APR is what got me in the bind with the over the limit to start with. I pay $270 a month min payment, of which maybe $90 goes to principal. They used "Universal default (or ripoff) to justify raising the rate. I have tried to work with on lowering it, to no avail. I have a $6400 balance on it, any suggestions to get out from WAMU? I do not think I can get an unsecured loan or another CC ith a lower interest rate for that high of an amount. Which is why they won't work with me, they have me stuck. I really don't want to do CCCS and would not have too, if the interest was lower.

Thanks again in advance.

[SmartCookie]

welcome aboard 1coldone!

What is your state's debt collecting SOL? http://www.bankrate.com/brm/news/cc/20040116b2.asp?caret=8 and did the alleged debt occur in the same state? 

On your reports, there should be a DOLA and/or DOFD date.  This is the date that SOL and CRTP starts from.  Post that if you have it, it will help a lot.  With a 10 year old debt, this should be past the 7.5 year reporting CRTP and most likely SOL as well.  You'll probably wind up sending any CA a DV letter, CMRRR.

Do not speak with any of the CAs on the phone.

[Anonymous]

Thanks for the welcome!

Here is what my last reports shows. I need to order them again.

TransUnion prepared 1-3-08

Capital One Services

Balance $0

Date Verified: 02/2003

High Balance: $331

Credit Limit: $200

Pay Status: Paid or Pays As Agreed

Account Type: Revolving

Responsibility: Individual

Date Open: 11/2000

Date Closed: 06/2003

Shows 30 days late Nov. 2002

Original CL was $300, they show $200

Experian prepared 12/19/2007

Lanier Collection Agency

Date Opened: 03/2002

Reported Since: 06/2001

Date of Status: 05/2001

Last Reported: 06/2002

Type: Collection

Original Amount: $124

Recent Balance:$124

Account History: Collection as of Jun. 2002, Jun.  2001

Status Details: This account is scheduled to continue on record until Dec. 2007

This item was verified on Dec 2007 and remained unchanged.

This one should be dropped off, by now. I had insurance during the time and only used doctors that accepted my insurance, I checked on that before going to any of them. They were only to services that would be covered, as per my insturtions. This is from a radiologists. This should have been covered by my insurance, if it was even mine.

Equifax prepared 12/19/2007

Lanier Collection Agency

Collection Reported: 12/2007

Assigned: 03/2002

Client: Chatham Radiolo

Amount: $124

Status as of 12/2007: Unpaid

Balance as of 12/2007: $124

Additional Information: Customer Disputes- reinvestigation in process.

Results letter:

We have reseached the collection. The results are: Equifax verified that this item belongs to you. If you have additional questions about this item contact Lanier.

Now, $124 I could pay (if I had to), But, that would only reage the account, from what I understand.

As far as the new NCO letter:

It has been a long time ago and I honestly can't remember what type of card it was (I'm thinking Discover had something to do with Sears). It says Sears and it is most likely mine. If that is the case, I got the card in VA (3 years SOL) or NC (3 years SOL). And ran into bad times serveral years (around 1998) later in TN (6 years SOL) and could not pay on it, anymore. I honestly don't remember rather I got it in VA or NC, as I lived on the state line and lived on both sides (at one tiem or the other, with family). And it's been 20 years when I 1st got the card.

Anyway, it sould meet any state's SOL. I would not think it could be reported to the CA's anyway. But, am looking for the knowlege of the more informed people on this board.

Thanks again, for any and all help!

Message Edited by 1coldone on 01-15-2008 11:11 PM

[SmartCookie]

Lanier should not be reporting on anything anymore IMHO, but you would need to see the exact DOLA or DOFD from a FACTA report or straight from the tap pull at EQ.  Paying it off would not re-age anything legally... but my first course of action would be a DV letter to them if they contact you after all of this stuff falls off.  I wouldn't play with it just yet and you might not need to, but you certainly can pay sometime in the future if you acknowledge the debt... either to the OC if they still own it, or to Lanier.  That's another bridge to cross if the time comes.

Cap1 used to not report limits.  Being that you at some point went over limit, it would look better if they did report the $300 CL.  Was the 30 day late the only late (reported or not) and was it an error?  Since you have 2 cards with them now, it might be best to try to have them fix this on their end as a customer courtesy.  I'd start with a phone call but only if this will not cause hidden baddies to start reporting.

Whatever NCO is trying to collect, it seems like it is past SOL and they should not be trying to collect this.  Send them a DV letter CMRRR and retain whatever they have sent you.  Don't talk to them regarding this, just send the DV.

With WaMu, I think they used to use Universal Default.  All you could have done would be to decline any APR increase if this was not the case, but that would have resulted in you needing to close the card.  Can you list your current cc's with CL and current balance?  Also, what are your FICO scores?  We can help see what you might be able to do to avoid a CCCS.

[Anonymous]

That information is what was on my credit report. I listed everything. Was there something else I need to get from them? Sorry, not sure what "FACTA" is and I didn't see it on the Common Abbreviations.

Which one is the best to get all 3 scores? I think TU is cheapest, at $14.95 through thier Truecredit. Frankly, the scores should come with the free annual credit report (since they such a huge bearing on people lives). I know they change daily, but greed never ceases to amaze me.

With NCO, if they try to report I should acknowledge that it over the SOL? I send them a DV, wrote one last night. Just don't need another mark on my report (since they stay on even through investigation).

Thanks again!

Message Edited by 1coldone on 01-16-2008 11:14 AM

Message Edited by 1coldone on 01-16-2008 11:14 AM

[Anonymous]

O.K. Went with TruCredit. Altough EQ info is not complete.

Total Accounts:

TU: 15

EX: 10

EQ: 15

Open Accounts:

TU: 9

EX: 4

EQ: 9

Closed Accounts:

TU: 6

EX: 6

EQ: 6

Delinquent:

None

Derogatory:

EQ: 1

Balances:

TU: $22428

EX: $9965

EQ: $22552

Payments:

TU: $508

EX: $362

EQ: $508

Public Records

None

Inquires (2 Years):

TU: 1

EX: 2

EQ: 2

3 in 1 report.

One derogatory on all 3 (if they are acccurate when reporting all 3?):

Credit scores

TU: 632

EX: 653

EQ: 614

I have in CC debt, which I'm trying hard to pay down, students loans are not due at this time. I know the magic number is under 30% of available credit. As I said, tough times in school and not able to find a decent paying job. Trying to get a 3rd one right now (in tax class for the up coming season). I have applied to several different places and registered through about 6 temp services. The best thing I have is $9.50 Sat. and Sun. (24 hours) and have to drive 25 miles each way. I work for rent reduction (no money) at my apartment complex and looking to do tax preparration. I'm in school Monady through Friday in the afternoon (had to get back in this semester or face loan payments this month). SC is not the best place for jobs (even wrose than when I was in TN 10 years ago).

limit/balance/min. payment/APR

BoA $2500/$2477/$70/22%

Cap1 $500/$469/$15/18%

Cap 1 $500/$463/$15/20%

WAMU $6777/$6556/$270/32%

This card (Providian/WAMU) started with a $7000 limit and it dropped, apr went up, and caused me a overlimit fee that mouth (most likely thier plan). They claim they sent me a notice, which again I never seen.

My expenses:

Cap1 $15

Cap1 $15

BoA $70

Wamu $270

Car/renter Ins. $80

Rent: $400 have a roommate to make it cheaper, already

Power/cable: $160-$200 depending on time of year, summer is higher and not good insulation in apartments (this one in particular)

Gas: $40-$50 a week ($160 -$200 a month) depending on price per gallon and how many extra days I can pick up at work

Car Maintance: varies, last month had to replace Idler arm and oil change $180, nothing (other than gas) this month, so far

Food: whatever is left to eat on

Message Edited by 1coldone on 01-16-2008 12:30 PM

Message Edited by 1coldone on 01-16-2008 12:39 PM

[Anonymous]

FACTA, The Fair and Accurate Credit Transactions Act

[Anonymous]

Ahh, thanks!