08-02-2012 11:14 AM
I'm doing credit repair for my husband. A company called Columbia Collectors suddenly put an account from 2007 back on his Equifax report in May. I have disputed and came back verified from EQ. I then called the agency, to maybe do a PFD. They advised me they had to forward this account to an Idaho CA named Access Recovery Service, because they don't have the license to collect in Idaho(our state) as they are Washington State based. But Columbia Collectors are the one on his CR, not Access Recovery. I offered to settle for a pfd but I wanted it in writing first(of course+ it is a valid debt)..anyway..I got too thinking..is any of that legal?
08-02-2012 01:23 PM
08-02-2012 01:36 PM
I would suggest contacting your state office of consumer affairs pertaining to debt collection practices in your state.
They have clearly conducted collection practices. If your state civil code includes certain requirements, such as registration or bonding, their entire reporting may be prohibited.
I would call your state agency responsible for debt collection practices before proceeding with a potentially improper collection.
08-02-2012 01:38 PM
Funny thing you mention that..I did call and asked for a pfd. never admitted it was mine or my husbands(was his long before we were married). The SOL is 5 years in idaho, it shows the reporting date of 8-1-07, so we are just out of SOL. The guy on the phone said that they had recieved a payment in 2009(I assume from his ex wife) and that started the SOL over again. But isnt it from DoFD not DoLA that sets the SOL?
and..can this 2nd agency be the one handling the account legally for the first company? I would think if the orginal CA couldnt collect, thats their problem. They either have to sell the account to another CA or suck it up, right? One cant act on behalf of the other as they claim?
08-02-2012 02:01 PM
There is no univeral date of running of an SOL. Some states set commencement of the SOL period based on DOFD alone, others based on date of last payment, and still others based on any firm offers to pay.
They may be just spouting a presumed reset of SOL without reference to your specific state SOL statute, or they may be correct.
Get a copy of your actual state SOL statute, and look for the permissible reset provisions. The debt collector does not determine SOL, your statute, and ultimately the judge, does.
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