04-08-2011 06:03 PM
Hi y'all. I am ne to this forum, thanks for welcoming me in with open arms.
I've been working hard (years too late but better now than never) to improve my credit. One such step has been to dipsute debts in my reports that I don't believe to be accurate.
My issue is this;
There is a debt with a company called EOS CCA that was on all three of my reports. They were collecting for the MA Board of Education (as was listed on the reports.
After dispute, all three bureaus deleted te MA Board od Ed listing. Yet this company EOS CCA has done two things that I find unfortunate to say the least. First, they are still calling me on a weekly basis. Second, in October, before the MA Board dbt was erased from my three reports, they pulled a hard inquiry on my Experian report. I have sent several letters to them but to no avail, and no surprise honestly.
My questions are, and I apologize for being so longwinded;
- Since the original debt has been deleted, why is the collection agency, or are they, still able to attempt to collect this debt?
- Is their hard inquiry legal?
- What should I do next? I was planning on writing a letter to them with proof that the original debt was invalidated by ALL THREE bureaus.
PS - I live in CA, the det originates in MA, which state's SOL do I have to live by? It is 4 years in CA, and 6 years in MA. I assume MA (the SOL won't run out until 6/2012)
04-08-2011 06:15 PM
if a debt is still unpaid, whether it is on your reports or not, it is perfectly legal for them to continue trying to get their money. it sounds like in your case, there was no money owed to begin with. but i thought i would share that information with you, since you asked about their ability to collect.
04-08-2011 07:13 PM
Ditto to Laz. Even if deleted, the debt is still owed. Deletion from the CRAs doesn't invalidate the debt at all. The CA can continue to call write, sue (if within SOL), etc. Or they can sell the debt to someone else and they can report. EOS CCA can also still report if they wanted to again, though the CRAs have to notify you first and the odds are slim for rereporting.
While there is debate as to whether or not a CA has PP to pull your credit, IMO, they do based on the FCRA.
If you are 100% certain the debt is not yours and you never did business with the OC, then contact the OC and figure out why they passed your info to this CA. Maybe they have the power to recall the debt. If it is yours, then contact the OC and ask if they can pull it back if you pay it. If they cannot, then DV the CA. If they verify and you agree, then send a PFD. Modify the PFD for a pay-for-not-reporting. If they agree in writing, then pay it and they'll go away. Also, modify the DV letter to include a phrase that calls are not allowed and all future communication must be in writing.
SOL is in California, though check with Cali's statutes to see if the debt can be tolled by moving. Also, IIRC, California allows the SOL clock to restart if you make a payment.
04-08-2011 07:44 PM
I appreciate the info.
If the SOL is in CA then it has run its course. I suppose that should be my main point in arguement. Thanks again!
Forums posts are not provided or commissioned by FICO. Forums posts have not been reviewed, approved or otherwise endorsed by FICO. It is not FICO's responsibility to ensure all posts and/or questions are answered.† Advertiser Disclosure: The listings that appear on myFICO are from companies from which myFICO receives compensation, which may impact how and where products appear on myFICO (including, for example, the order in which they appear). myFICO does not review or include all companies or all available products.
* For complete information, see the terms and conditions on the credit card issuer’s website. Once you click apply for this card, you will be directed to the issuer’s website where you may review the terms and conditions of the card before applying. While myFICO always strives to present the most accurate information, we show a summary to help you choose a product, not the full legal terms - and before applying you should understand the full terms of products as stated by the issuer itself.
IMPORTANT INFORMATION: All FICO® Score products made available on myFICO.com include a FICO® Score 8, along with additional FICO® Score versions. Your lender or insurer may use a different FICO® Score than the versions you receive from myFICO, or another type of credit score altogether. Learn more
FICO, myFICO, Score Watch, The score lenders use, and The Score That Matters are trademarks or registered trademarks of Fair Isaac Corporation. Equifax Credit Report is a trademark of Equifax, Inc. and its affiliated companies. Many factors affect your FICO Score and the interest rates you may receive. Fair Isaac is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. Fair Isaac does not provide "credit repair" services or advice or assistance regarding "rebuilding" or "improving" your credit record, credit history or credit rating. FTC's website on credit.