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!