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Newbie need some help fast

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Anonymous
Not applicable

Newbie need some help fast

I just checked my credit report for the first time in my life.  I'm 54, but I've never checked it before. The building I live in was sold and the new landlord plans on turning the place into a co-op, so if I plan on buying into the co-op I am going to need a mortgage, et cetera.  While I was talking to someone they told me to check my credit report.
 
Well, I was in for a suprise.  My score is 657, 657 & 667.  Not good.  I have a fair rating so I'm not sure about obtaining a mortgage.
 
My question is concerning something I found on my report.  I found a notation that Midland Credit Management did a check on 07/2007 and it said "Permissible Purpose:  Collection."
 
I was thrown and in shock.  I didn't know that I had anything in collections.  I haven't received any phone calls or letters or anything.  Years ago, when I was in my 30's, I became the legal guardian for my sister's 2 kids, and I was single and the only income in the household.  I was raising 2 kids without any other financial assistance.  I did end up having a problem and I thought everything was taken care of.  I did have one account that is in collections and I know for sure that I paid it off.  I did have a lien of IRS and that was also paid off and I received a letter from IRS say the liens were paid in full.  I have been receiving refunds ever since, and that is about 18 years ago.
 
I got scared and since I want to improve my credit score since I want to eventually obtain a mortgage, I called the company thinking that it was an error and to get information on it.  They told me to call Enhanced Recovery because they purchased the debt.  I never heard anything from Midland Credit Management and I told her that.  No phone calls or letters and how could they say that this was something that I owed, approximately $1200 and that I was lucky that they didn't add any fees to it.  They gave me the number to call Enhanced Recovery located in Florida.
 
Since I thought this was a mistake and wanted to get it off my credit report, I called the company.  On my CR I also saw that Enhanced Recovery did a check in August of 2007, but I never heard anything from them.
 
I am starting to feel that I opened a can of worms for myself.  Right now I am trying to clear up all my other credit cards, I don't need any additional debt, especially going back to 1985. I don't remember this account so I asked her a few questions about it.  I was told that this account was opened in 1984 or 1985 throught Citibank. The debit is a retail credit account  and when I told her I never had an account like that she used the example such as "Fingerhut."  She started asking when I could pay it off.  Could I make a payment right then and there.  How much could I pay a month?  Did I have a checkintg account - on and on and on with questions.    Since my niece unemployed and still living with me, and now she has a son, I am still supporting 2 other people and no other financial help.  
 
She started to get annoyied and didn't really want to answer my questions.  She just wanted to know when I was going to start paying this off.  When I told her I couldn't make any payments right now, she started having an attitude. I started questioning that if this was my debit, how come I never received a call or a letter?  For how long do they keep a debit alive if it was opened over 23 years ago?  She told me that once a collection agency purchases a debt it starts as new.  Is that true?  Can they continue to try to collect a debt that is over 23 years old?
 
I ended off the conversation disputing this charge.  I really don't think it's mine.  I'm not 100 percent sure, but I don't think it's mine.  What kind of leg do I stand on trying to fight this?  She said that she would send me some information on it, but it might not be the original.  I told her I want proof that it's mine.  She said that it's my social security number.
 
Did I hurt myself by calling?  How long are they allowed to tryi to collect a debt?  Do they have to prove it's really my debt in order to try to collect?
 
Please help.  I really need assistance.
 
Message 1 of 8
7 REPLIES 7
Saffyreblue
Valued Member

Re: Newbie need some help fast

Hi! Welcome to the forums! I'm new too, but I can tell you, without a doubt, that the information you were given is incorrect. Once a collection agency aquires your debt, it does not start as new. The legal SOL and Reporting SOL, starts from first date of delinquency that led to the charge off. I would say if the last activity on this account is 23 years ago, they are both past the legal SOL and the reporting SOL. Check the Credit 101 thread at the top of this page for more information on SOLs and the freqeuently requested threads for examples of letters you should be sending. GOOD LUCK!
Message 2 of 8
Anonymous
Not applicable

Re: Newbie need some help fast

check SOL for your state.  you have a lot on your plate.  I'm sure Tim or Hauling or one of moderators can help as soon as they see this post.  Do not give any info or do anything until you know for sure what you are doing.
Good luck!!! 


Message Edited by casinoannie97 on 03-05-2008 10:38 AM
Message 3 of 8
Anonymous
Not applicable

Re: Newbie need some help fast

They are what are referred to as "junk debt buyers". If the debt is really that old, then no worries. They can try to collect as long as they like....but they can NOT report on your CR, and can NOT take you to court(well if they did, you'd just let the judge know it is past SOL).
 
As for it restarting everytime they resell it, they'd like for you think it does. But they are wrong. DOFD is date that the CRTP goes by and that is set by the OC and can NOT be changed by the CA., even if they sale it to someone new everyday.
 
Apart from the inquiries, is anything else showing on your report in connection with this account?
 
I know there is a debate as to whether CA have PP to pull your credit report, but I'd think that with it being so old, they'd not have it, but I don't know.
 
There is a past SOL letter floating around here, I'll try to find it or HappyDays may pop in before then and provide it for you.
 
One of the mods or other experts here will give you some more advice also.
 

 


Message Edited by sidewinder on 03-05-2008 11:00 AM
Message 4 of 8
Anonymous
Not applicable

Re: Newbie need some help fast

Wow, crazy CA there - it does sound like a junk debt and they are hoping that you will just pay. 23 years, definitely past SOL - I would go to the CRAs and dispute it because they have to provide proof - then if the CRA comes back verified - ask the CRA to give you the information they received from the CA. They have to provide that information to you by law.

Message Edited by RSidetrack on 03-05-2008 11:58 AM
Message 5 of 8
Anonymous
Not applicable

Re: Newbie need some help fast

The debt is 'always' there - however once past legal SOL and past CRTP there is NOTHING they can do to collect thaft is LEGAL.
 
Were the INQs hard or soft?  Soft pulls - no sweat.  A hard pull on a debt this old - definately no PP.  This is a violaton and I would call them on it.
 
I think a FO&D letter is in order...
 

[Subscriber]

[Address]

[City state ZIP]
[Collector]

[Address]

[City State ZIP]

[Phone number]
[Date] Certified Mail No.: _____________

Re ;  inquiry dated ____: your file # _____
Greetings:
Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is disputed.

The Rules Of Civil Procedure of my State of (State ) provide a Statute Of Limitations limiting the time frame for any legal collection activities.


Under my State of ________Code #__________
the subject account has a _________ year limit for filing any legal action for collection.

Check your State in the individual State listings to see if it is a "cause of action"(date of first default) or "last item"( date of last mutual activity) State. Use the CORRECT "starting" date for your State
The starting date of this statute of limitations being the( date of first default) (date of the last mutual activity), with the ORIGINAL CREDITOR of the subject account.

Records indicate that this date on the subject account #___________ with (creditor name) is __ ___ ____.

This notification is formal notice to you that any filing of such action by you, or your representitives or assigns, is therefore time-barred.

Under the FDCPA, any such action, or threat of such action is a violation of the law,and grounds for fines and civil sanctions.

807.  False or misleading representations

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.

Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(2)  The false representation of-

(A)  the character, amount, or legal status of any debt; or

(4)  The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5)  The threat to take any action that cannot legally be taken or that is not intended to be taken.

This notification to you is of applicable legal statutes,codes and laws.Other Federal and State laws may apply.


Under the laws of my State,(statute # if available) continued collection activities, including reporting,verification or reinsertion of accounts. beyond their legal collection date to any consumer credit reporting agency, may be considered extortion and/or fraud and subject to criminal as well as civil prosecution.

Please note that proof of your receipt of this notice may be used by me or my legal representative in further action.

I also reserve the right to forward a copy of this letter,and any other pertinent material to the Attorney Generals of ____ (state) and ________ (state).  I am sure you are well aware of NAAG's position on junk debt buyers/collectors.

Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities, and are barred from selling assigning or transferring any and all data regarding this account to any other party subsidiary or affiliate.

Your receipt of this letter will be considered as having granted consent to the taping of any and all telephone calls to me at my home or business by you or your agents or assigns

Best regards,

[Subscriber]print or type name

 

Message 6 of 8
Junejer
Moderator Emeritus

Re: Newbie need some help fast

Canofworms, I agree with Lady Scarlet 100%. I am looking at the SOLs and there is not a single state that has any SOL 23 years. So, no worries. I would send that letter that LS supplied and demand the inqs be taken off or their butts will be sued. Don't panic, you'll be okay with this one.






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Message 7 of 8
Anonymous
Not applicable

Re: Newbie need some help fast

Hi canofworms, welcome to the forum.   First check out this link....it will help you understand what we are saying (we talk with abbrevs)  and will be a great help in learning what can & can not be done with you CR.
 
Keep in mind that you are dealing with 2 sets of laws......CRTP  which is federal law and only deals with what is on your CR  what it means and hoe long it can be reported etc.       Then you have SOL....which is set by each state.....this deals with the time limit in which a creditor can file a lawsuit.
simple SOL
 
We invite any and all questions that you have at anytime!!!
 
If I read what you posted right....you said that you called the CA  about an *ing*  inquiry. IF that is the case you do not have anything to worry about......there is a letter that you can send them telling them do delete it!
 
NEVER NEVER talk to a CA   they lie through their teeth (false or real)
 
Always check your CR  for any CAs    like the ones that you called!!!!  IF they appear on your CR  thay are past SOL and CRTP  and would be in violation!!!!!
 
Look at your CR for what we call baddies....late payments....COs (charged off accounts) which is any accounts that you didn't pay.
 
Late payments can tank your scores.  For these you can send GW letters.
 
What and how long things can stay on your CR
 
DOFD  DOLA  SOL
dates that you need to know......
 
It all sounds confusing but it isn't!!!!
 
The ings that you asked about do not mean as much as you think!!!
 
What counts toward your scores.....you may be surprised!
 
35% is history   30 % is CC   UTIL and payments.
  Im sure that your history is good if you have had an auto loan or CCs. Every new loan can decrease your length of history.
 
Also added in to your scores are a mix of different types of credit. BUT  CC count the most.
 
UTIL on CC should be below 10%  for best scores.


Message Edited by HappyDays on 03-05-2008 03:04 PM
Message 8 of 8
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