Same OLD debt - Different CA

[Anonymous]

Ok so I have this old debt with Capitol one from 8 years ago.  It was never my debt, I was listed on an account for my ex-girlfriend whom has since passed away.  She had placed me on her account as an authorized user and I used the account to pay her bills, stock groceries, take her to the doctor appointments etc.  I (at the time) knew nothing about credit or that I would someday be "responsible" for her debt.

I fought with Capitol One for years and directed them to her family who should have paid this credit card for her when she passed away.

After 6 years, I finally got the CRA's (all three) to remove it from my reports.

Then, Midland bought the debt, and THEY put it back on my credit reports.  After a year of fighting with them, I finally got it off my reports by threatening to sue because by then the debt was older than 7 years since the date of first delinquency.

That was last September.

The Problem:  Last week I got a letter ftrom a new CRA, NATIONWIDE CREDIT, that has apparantly bought the debt from Midland.  They sent me a letter saying they were offering me a settlement of 900+ dollars, etc etc.  The letter has the usual wordage.. I have 30 days to contact them to verify the debt, etc etc.

I am so tired of this ONE old debt (that seriously was never mine) biting me on the behind and ruining the credit I have worked so hard to get and keep clear of crap like this.

QUESTION:  How do I handle this before it shows up on my credit reports?  (If it hasnt already)   I want to do this right from start, if at all possible.

The debt is over 8 years old since first deliquency.  It has also been removed from my credit reports several times before after disputing.. but of course once it is on, the damage starts.  I do NOT want it on my report yet again.

Please, any advice is greatly appreciated.

[JJF]

My wife has a similiar situation.  Aged account, multiple CAs, a new one every 6 to 9 months.  I don't know if they are JDB or just the latest CA assigned by the OC to collect the debt.

I have posted several websites/forums and the consensus seems to be a cease and desist letter. 

The part that remains unclear to me is how much information to include in a cease and desist letter. My basis for a cease and desist letter is the SOL to collect thru the courts has past and CRTP time for reporting to the CRAs has elapsed.  I also dispute the debt because I was told that the payment made was for a negotiated settlement.

Another must do is to OPT OUT from the CRAs.  This will stop them from selling your information.  A big problem with JDB, CAs and old charge offs is they can resurface when you are applying for a mortgage.   You may not have time to fight the collection and close on your house.  Opting out makes it more difficult for them to find out that you have applied for a mortgage.

[haulingthescoreup]

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Marsaeus wrote:

Ok so I have this old debt with Capitol one from 8 years ago.  It was never my debt, I was listed on an account for my ex-girlfriend whom has since passed away.  She had placed me on her account as an authorized user and I used the account to pay her bills, stock groceries, take her to the doctor appointments etc.  I (at the time) knew nothing about credit or that I would someday be "responsible" for her debt...

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Does Cap 1 acknowledge that you were an authorized user, rather than a joint user? AU's have no responsibility for the card, except I think for AmEx, who will come after AU's for the charges that they actually make.

If it shows up, you should be able to successfully dispute with the CRA's as "not mine."

Your latest CA sounds like a zombie debt collector. They buy debts for pennies on the dollar, so if they make anything at all, it's nearly pure profit. Their attitude is that they have nothing to lose.

If you can show that you were an AU and not a joint user, it sounds like they need to get a FOAD letter from you (sorry, you'll have to Google the term; we can't spell it out here) and point out that they are SOL, and that it's not your debt anyway.

Zombie debt collectors profit off of consumer ignorance, I'm afraid. They are the playground bullies of the credit world.

[2wheel]

FOAD LETTER..... I wrote a few of them over the years   LOL...