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Paying Debts DOES NOT always raise your credit score. It CAN even hurt you.

tag
hdporter
Regular Contributor

Re: Paying Debts DOES NOT always raise your credit score. It CAN even hurt you.

I'll chime in by saying that paying on a CO doesn't extend reporting. However, there are several reports by individuals who state that in paying they saw unexpected decreases in their FICO score, giving credence that any recent activity on a CO tradeline caused FICO to weigh it more heavily. That's perverse, if true. It suggests that if a CO is due to age off in the next year or so and they aren't harassing you, it may be better to "leave sleeping dogs lie".

However, FICO isn't the only consideration with a CO. Some creditors won't lend to someone who has an unsettled CO -- no matter how strong their credit scores otherwise are.


Message 11 of 19
tmacar
Contributor

Re: Paying Debts DOES NOT always raise your credit score. It CAN even hurt you.

Sidewinder; Don't get me wrong. I don't want anyone to think that I mean that paying debts is necessarily a bad thing. Just that sometimes, in some circumstances, it can reset the "age off" date and the thing may stay around longer. However, they do not always do that, just sometimes, and the down side is not always very big, especially if the listing isn't very old. Debts that are going to disappear in maybe a year or less are the ones where you might possibly lose more than you gain from paying them. Even then, you do not know whether the creditor will sell the debt to someone else, resulting in a new listing with a new 7 year clock. Point being that you can't ever be 100% certain the debt will go completely away even at the 7 year date.

And all this is NOT my opinion. I've had it happen to me, and I ran it by a law firm that specializes in just 2 things; debt elimination (through negotiation with creditors) and credit improvement (dealing with the credit bureaus on your behalf). Much to my dismay, they told me that it was legal. Apparently (and this IS conjecture on the part of a lawyer, but it makes sense) the Date of First Delinquency normally starts the 7 year clock because it would normally be after the Date Of Last Activity and it was assumed that in many if not most cases that date would be the last time anything happened with the account. BUT other things can happen which sort of reactivate the account, and which can justify changing the Date Of Last Activity which can legally be used to start the clock all over again. One of the things, I think unfairly, is if the creditor sells the account. Then the new owner gets 7 years. The original creditor's entry on your report will still go away when it should (This may be causing the confusion - I should have specifically mentioned this in the beginning.), but the account itself will still be there under the new owner. So even though the original listing on your report goes away, for all practical intents and purposes it is still there, hurting your credit. It just has someone else listed as the creditor. The most unfair thing about this is that, until the original creditor's listing expires, you have the same debt listed twice, and you get "credit" for two bad accounts when it's really just one.

Until a couple of months ago, I had 4 negative accounts, 2 of them from an original creditor (same creditor for both accounts, as it happens) and 2 of them from the people the original creditor sold them to (same new creditor for both accounts, too). The new owner was calling them collection accounts.

One of the original 2 accounts "aged off" my report, but the new owner's entry for that account was still there. I filed as dispute, saying that the expiration date for the original debt had passed, evidenced by the fact that the credit bureau had just deleted that original account, so the collection for that account should also be gone. The response I got was that a collection ages off at the same time as the original debt ONLY if the collector is working on behalf of the original creditor and the original creditor still owns the account. If, however, the original creditor sold the debt, and the collection company is the new owner, or is working on behalf of a new owner, there is a new 7 year clock which started when the original creditor sold the account to the new guys.

This leaves me with 3 bad account listings; 1 "original" listing and 2 "new owner" listings for what were really only 2 bad accounts. In August the second "original" listing will expire, and I'll be left with the 2 listings from the new guys. Those listings will not go away until sometime in 2009 (the accounts were sold in 2002). So as of September 2008 I will still have 2 bad accounts on my report, for debts whose delinquency date will at that time be more than 7 years ago.

There's even worse. I ran this past the lawyers, they confirmed it was legal, and then told me something even worse. Technically, the new owners can claim I "reactivated" the accounts by paying them off in October 2005, and can use that as a legal excuse to keep them on my report until September 2012. They told me that this doesn't happen very often but that it can legally be done if the creditor wants to bother.

Anyway, the whole point of this thing was simply to make sure people know that just paying off a debt does not always fix one's credit, and that there can even, sometimes, be a down side to paying.

And for anyone who thinks his creditors will not go for a deletion in return for full payment, you might be surprised. Most original creditors do not expect to collect the full amount due on bad accounts. If a creditor hasn't actually sued you over the debt, you do have some leverage. If the debt is more than a year or so old, the creditor probably expects to collect, at best, a part of the balance due. They expect to collect it by either offering you a settlement amount or by selling the debt to someone else. (There are numerous companies whose entire business consists of buying bad debts from original creditors and then collecting what they can on them.) In either case, settlement or sale, the creditor will get only a percentage of the balance.

This is your leverage. They want money. You offer them money. You make it clear you are not going to pay anything in a settlement type arrangement. You will pay all or nothing, and will pay the "all" only if they'll delete the thing from your reports. (Of course, if they ultimately do refuse any kind of deletion deal, you can still go back and pay a "settlement" amount.)

For some reason, this seems to work better with collection agencies than with original creditors. Maybe because the difference between the "full" payment and the "settlement" payment tends to be larger with collection companies than it usually is with original creditors. Maybe the people at the original creditor have some sort of ego investment in punishing you for having "cheated" their company. Who knows?

Whatever the reason, most if not all collection companies will do a deletion in return for full payment, while some original creditors will not. In EITHER case, however, be aware that the initial response may be "no". The people we get to talk with when we call in are almost never authorized to do this kind of thing. Many, perhaps even most, of them do not even know that such a thing can be done. I have been told, flat out, "No, our company does not do that under any circumstances.", I've been told, "No, it's not even possible to delete a debt once it has been reported to the credit bureau." Then, within a few days of that conversation, I've pulled a signed "deletion in return for full payment" agreement out of my fax. The trick is to get past the customer service operator and talk to someone who has the authority needed to make one of these agreements. If your main goal is to clean up your credit, the time and energy (AND the extra dollars) involved are more than worth it.
Message 12 of 19
Anonymous
Not applicable

Re: Paying Debts DOES NOT always raise your credit score. It CAN even hurt you.

The only time that it can reset the "age-off" date is if the account is brung current before it is charged off and then goes bad again. Then the DOFD would be based on when it went bad the second time.

Example.....I have a CC I haven't paid in 6 months...I call the CCC up and they say they haven't charged off, just reporting late, haven't sent to collections....I pay in full right then over the phone and do good for another year. Then I stop paying altogether. They charge the account off and send it to collections. The DOFD is 180 days past when I stopped paying the second time.

Now, when I called them, had they said they already charged off and sent to collections and I went ahead made payment, DOFD would not have changed.

 

You will find this information under FCRA § 605. Requirements relating to information contained in consumer reports [15 U.S.C. §1681c]

Also:

http://www.privacyrights.org/fs/fs27a-debt_collection.htm#5

18. I had an account sent to collections. Now the original account and the collection both appear on my credit report. Is this wrong?

According to Experian both entries are considered part of your credit history, and once the collection action is entered, that becomes the active account. However, the delinquency date reported by the original creditor should be the same as that reported by the collector. The delinquency date dictates the establishment of the seven-year period. And that is how long the account will remain on your credit report.

The delinquency date that triggers the removal of negative information from your credit report should remain the same no matter how many times the debt is sold. Once the seven- year period has run its course, all entries involving the account should be removed from your credit report. This includes the original creditor’s charge-off and any collectors that have subsequently bought or sold the account.

If you have had an account sent to collections, this is yet another good reason to check your credit report carefully to make sure all entries have been deleted at the appropriate time. And, during the time the negative account remains active, check your report to be sure the original delinquency date is the one consistently reported on entries by the original creditor and all collectors. Add this to your checklist of things to review when you order your free annual credit reports through the FTC’s homepage,
www.ftc.gov/bcp/conline/edcams/freereports/index.html .

For further discussion of this “dual” reporting, read the “Ask Max” question and answer on the Experian Web site.
www.experian.com/ask_max/max012506c.html

From the last link listed in that answer:

Because a collection account is treated as a continuation of the original debt, it will be deleted at the same time as the original account. The original account and subsequent collection accounts will be deleted seven years from the original delinquency date. The original delinquency date is the date of the first missed payment after which the account was never again current.

The collection agency is required by law to carry over that original delinquency date from the first account and report it to the credit reporting company. That ensures the collection account is deleted at the correct time.



 







Message Edited by sidewinder on 03-26-2008 01:59 PM
Message 13 of 19
Anonymous
Not applicable

Re: Paying Debts DOES NOT always raise your credit score. It CAN even hurt you.



tmacar wrote:
Point being that you can't ever be 100% certain the debt will go completely away even at the 7 year date.
 
Correct, it could reappear or appear longer than it should be. You can't be certain that it will drop as it should, however when taken to court, it will be removed.

 
BUT other things can happen which sort of reactivate the account, and which can justify changing the Date Of Last Activity which can legally be used to start the clock all over again.
 
Yes and No.  True that things can happen(making payments) and reset the DOLA. However, DOLA is not used in the 7 year CRTP. DOFD is and making a payment doesn't change that. If you stop paying your bills on August 1st, and in February get a sum of money and decide to send your creditor a partial payment, you are still deliquent and have been deliquent since August.
 
 
One of the things, I think unfairly, is if the creditor sells the account. Then the new owner gets 7 years.
 
Nope.
 
The original creditor's entry on your report will still go away when it should (This may be causing the confusion - I should have specifically mentioned this in the beginning.), but the account itself will still be there under the new owner. So even though the original listing on your report goes away, for all practical intents and purposes it is still there, hurting your credit. It just has someone else listed as the creditor. The most unfair thing about this is that, until the original creditor's listing expires, you have the same debt listed twice, and you get "credit" for two bad accounts when it's really just one.
 
True that you the original creditor and a collection agency can report at the same time. However, they both drop at the same time.

Until a couple of months ago, I had 4 negative accounts, 2 of them from an original creditor (same creditor for both accounts, as it happens) and 2 of them from the people the original creditor sold them to (same new creditor for both accounts, too). The new owner was calling them collection accounts.
 
They are collection accounts.

One of the original 2 accounts "aged off" my report, but the new owner's entry for that account was still there. I filed as dispute, saying that the expiration date for the original debt had passed, evidenced by the fact that the credit bureau had just deleted that original account, so the collection for that account should also be gone. The response I got was that a collection ages off at the same time as the original debt ONLY if the collector is working on behalf of the original creditor and the original creditor still owns the account. If, however, the original creditor sold the debt, and the collection company is the new owner, or is working on behalf of a new owner, there is a new 7 year clock which started when the original creditor sold the account to the new guys.
 
Who gave you this response?


There's even worse. I ran this past the lawyers, they confirmed it was legal, and then told me something even worse. Technically, the new owners can claim I "reactivated" the accounts by paying them off in October 2005, and can use that as a legal excuse to keep them on my report until September 2012. They told me that this doesn't happen very often but that it can legally be done if the creditor wants to bother.
 
I've never seen/heard of a CA doing this or it being legal for them to do this.

For some reason, this seems to work better with collection agencies than with original creditors. Maybe because the difference between the "full" payment and the "settlement" payment tends to be larger with collection companies than it usually is with original creditors. Maybe the people at the original creditor have some sort of ego investment in punishing you for having "cheated" their company. Who knows?
 
Works better with CA than OC's b/c CA's buy the debt for pennies on the dollar. Depending on the age of the debt they may have given $150 for a $1500 debt. If you offer to pay $1500 in turn for deletion, they profit $1350. The OC does not profit, except for fees and interest.



Message 14 of 19
Anonymous
Not applicable

Re: Paying Debts DOES NOT always raise your credit score. It CAN even hurt you.



stef37 wrote:
I am sorry to tell you, but you have been very misinformed.

No doubt about it Stef! I'm a total newbie and I know better than this.
 
OP please find another knowledgeable, experienced firm from which to get your information.
Message 15 of 19
tmacar
Contributor

Re: Paying Debts DOES NOT always raise your credit score. It CAN even hurt you.

Sidewinder;

tmacar wrote:
Point being that you can't ever be 100% certain the debt will go completely away even at the 7 year date.

Correct, it could reappear or appear longer than it should be. You can't be certain that it will drop as it should, however when taken to court, it will be removed.

PROBABLY TRUE, BUT THE CHEAPEST RETAINER I'VE BEEN ABLE TO FIND TO TAKE A CRA TO COURT IS $2,000.00. IF I HAD THAT KIND OF CASH LYING AROUND I'D PROBABLY NEVER HAVE HAD CREDIT PROBLEMS.


BUT other things can happen which sort of reactivate the account, and which can justify changing the Date Of Last Activity which can legally be used to start the clock all over again.

Yes and No. True that things can happen(making payments) and reset the DOLA. However, DOLA is not used in the 7 year CRTP. DOFD is and making a payment doesn't change that. If you stop paying your bills on August 1st, and in February get a sum of money and decide to send your creditor a partial payment, you are still deliquent and have been deliquent since August.


One of the things, I think unfairly, is if the creditor sells the account. Then the new owner gets 7 years.

Nope.

YUP. BOTH EQUIFAX AND A LAW FIRM THAT DOES THIS STUFF SAY SO. THEY BOTH CLAIM THE NEW OWNER GETS A NEW CLOCK.

The original creditor's entry on your report will still go away when it should (This may be causing the confusion - I should have specifically mentioned this in the beginning.), but the account itself will still be there under the new owner. So even though the original listing on your report goes away, for all practical intents and purposes it is still there, hurting your credit. It just has someone else listed as the creditor. The most unfair thing about this is that, until the original creditor's listing expires, you have the same debt listed twice, and you get "credit" for two bad accounts when it's really just one.

True that you the original creditor and a collection agency can report at the same time. However, they both drop at the same time.

NOPE. THEY BOTH DROP AT THE SAME TIME IF THE COLLECTION IS ON THE BEHALF OF THE ORIGINAL OWNER, WHO STILL OWNS THE DEBT. IF THE ORIGINAL OWNER SOLD THE DEBT, AND THE COLLECTION IS BY OR ON THE BEHALF OF THE NEW OWNER, THE 7 YEAR CLOCK FOR THAT COLLECTION ENTRY BEGAN WHEN THE NEW OWNER BOUGHT THE THING. AGAIN, BOTH EQUIFAX AND, IN THIS CASE, EXPERIAN, AND A LAW FIRM SAY SO. AND IF YOU SEND ME A FAX NUMBER, I'LL SHOW THIS EXACT THING ON MY EQUIFAX REPORT.

Until a couple of months ago, I had 4 negative accounts, 2 of them from an original creditor (same creditor for both accounts, as it happens) and 2 of them from the people the original creditor sold them to (same new creditor for both accounts, too). The new owner was calling them collection accounts.

They are collection accounts.

AGREED. I JUST MENTIONED THAT, WASN'T DISAGREEING WITH IT.

One of the original 2 accounts "aged off" my report, but the new owner's entry for that account was still there. I filed as dispute, saying that the expiration date for the original debt had passed, evidenced by the fact that the credit bureau had just deleted that original account, so the collection for that account should also be gone. The response I got was that a collection ages off at the same time as the original debt ONLY if the collector is working on behalf of the original creditor and the original creditor still owns the account. If, however, the original creditor sold the debt, and the collection company is the new owner, or is working on behalf of a new owner, there is a new 7 year clock which started when the original creditor sold the account to the new guys.

Who gave you this response?

AGAIN, EQUIFAX, EXPERIAN, AND A LAW FIRM THAT DOES NOTHING EXCEPT DEBT SETTLEMENTS AND CREDIT REPORT FIXING.


There's even worse. I ran this past the lawyers, they confirmed it was legal, and then told me something even worse. Technically, the new owners can claim I "reactivated" the accounts by paying them off in October 2005, and can use that as a legal excuse to keep them on my report until September 2012. They told me that this doesn't happen very often but that it can legally be done if the creditor wants to bother.

I've never seen/heard of a CA doing this or it being legal for them to do this.

THIS ONE I'M NOT SO CERTAIN ABOUT, 'CAUSE I ONLY GOT IT FROM THE LAWYERS AND IT HASN'T HAPPENED TO ME YET, BUT I WON'T BE SURPRISED IF IT DOES. AND, AGAIN, EVEN IF IT DOES TURN OUT TO BE ILLEGAL, THE ONLY WAY TO ENFORCE THE FCRA IS TO SUE, AND I DON'T HAVE THE MONEY FOR A LAWYER TO START A SUIT. NEITHER DO MOST PEOPLE WHO HAVE CREDIT REPORT TROUBLE, AND THE CRAs KNOW IT.

THAT'S THE WORST HOLE IN THE THING, THERE'S NOBODY YOU CAN CALL TO GET THE FCRA ENFORCED. THE ONLY THING YOU CAN DO BESIDES SUE IS FILE A COMPLAINT WITH THE FTC, AND ALL THEY DO IS FORWARD IT TO THE COMPANY YOU COMPLAINED ABOUT. THE ONLY TIME THEY TAKE ENFORCEMENT ACTION IS IF THEY'RE FORCED TO, EITHER BY SOMETHING POLITICAL OR MAYBE BY A COUPLE HUNDRED THOUSAND IDENTICAL CONSUMER COMPLAINTS ABOUT THE SAME COMPANY.

AND HOW THE HECK DID YOU CHANGE FONT COLOR IN A RESPONSE?
Message 16 of 19
Anonymous
Not applicable

Re: Paying Debts DOES NOT always raise your credit score. It CAN even hurt you.

Email the FTC with the information you've been given and let them respond.
 
Some things we can not sue on, only file complaints and let the bigger people sue on.
 
However, many violations we can sue on and there is a website floating around here that gives you a list of consumer lawyers. Most will offer a free consultation and may take the cases without a retainer, depending on the violations. You can also file in small claims court sometimes, depends on the amount you are suing for and your state laws.
Message 17 of 19
fishbjc
Senior Contributor

Re: Paying Debts DOES NOT always raise your credit score. It CAN even hurt you.

It's pretty simple for me.  I buy, I pay. 
Message 18 of 19
tmacar
Contributor

Re: Paying Debts DOES NOT always raise your credit score. It CAN even hurt you.

Sidewinder;

Already filed an "official" complaint with the FTC. That's how I know that all they'll do is record the complaint as a statistic and forward it on to the company being complained about (in this case Equifax).

I asked the lawyers about Small Claims, and it seems that it isn't a very useful pursuit here. I'm not surprised, most of Utah's "consumer protection" laws look like they were written by whatever business they claim to be governing.

Do you by any chance know the address of that website? I'd LOVE to sue Equifax if I could find a lawyer to do it.
Message 19 of 19
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