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Collection is incorrect- DV or let fall off?

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carolinakiwi
Member

Collection is incorrect- DV or let fall off?

I have two lines, for the same account listed as open in collections. Both lines state the 1st delinquency was August 2008.  Therefore, if I understand CR's correctly, they should fall off late summer or winter of this year (2015).  However, I know for a fact that I got a bill for the late gym payment and I paid it.  It was the first missed payment I had and I was very upset and I remember vividly to this day getting online and paying it - because I felt awful.  I had recently gotten married and my husband and I switched over to a joint account.  I forgot that they gym membership was on a revolving auto draft (from a bank account I had pre-marriage) and when I got the letter that the draft didn't come out for two months, that's when I paid it immediately.

 

I checked my bank statements and I have the line showing where I paid the debt.  However, it was under a different collection agency that is now filed on my credit report. 

Here's the facts of this situation:

 

-date of 1st delinquency: August 2008

-date assigned: January 2013

-it is currently on my credit report as two collections as "open"

-$80 per line, for a total of $160

 

If I had to guess  what happened, it would be that the first collection agency maybe didn't keep good books/records and then sold my account to this new collection agency.  Because I have the bank statement from September 1, 2008 where I paid $160.  However, since it shows the original collection agency on my bank statement, if I send a DV letter, would the current collection agency believe my story?  If they did indeed buy the debt from the 1st CA like I'm guessing, and the first CA kept poor records and for some reason showed my accounts was unpaid, then to the current CA, I do indeed owe the debt.

 

What would you do?  We are wanting to buy a vehicle this spring and I can't have these on my CR because it's pulling my score way down.  Would you DV or wait until the end of 2015 for it to fall off?  Or would you just suck it up and PFD?  Or should I call the current CA?  It aggrivates me because I know for a fact that I paid it and now my CR is suffering.

 

ETA: to add that I have never received a bill or a phone call from the current collection agency.  It says that the date assigned was January 2013.  We did move in the beginning of 2012, but even so, if I didn't indeed pay the debt (which I know I did), then I should have received something else from the original collection agency from summer 2008 through the end of 2011.

 

Thanks!

Message 1 of 17
16 REPLIES 16
gdale6
Moderator Emeritus

Re: Collection is incorrect- DV or let fall off?


@carolinakiwi wrote:

I have two lines, for the same account listed as open in collections. Both lines state the 1st delinquency was August 2008.  Therefore, if I understand CR's correctly, they should fall off late summer or winter of this year (2015).  However, I know for a fact that I got a bill for the late gym payment and I paid it.  It was the first missed payment I had and I was very upset and I remember vividly to this day getting online and paying it - because I felt awful.  I had recently gotten married and my husband and I switched over to a joint account.  I forgot that they gym membership was on a revolving auto draft (from a bank account I had pre-marriage) and when I got the letter that the draft didn't come out for two months, that's when I paid it immediately.

 

I checked my bank statements and I have the line showing where I paid the debt.  However, it was under a different collection agency that is now filed on my credit report. 

Here's the facts of this situation:

 

-date of 1st delinquency: August 2008

-date assigned: January 2013

-it is currently on my credit report as two collections as "open"

-$80 per line, for a total of $160

 

If I had to guess  what happened, it would be that the first collection agency maybe didn't keep good books/records and then sold my account to this new collection agency.  Because I have the bank statement from September 1, 2008 where I paid $160.  However, since it shows the original collection agency on my bank statement, if I send a DV letter, would the current collection agency believe my story?  If they did indeed buy the debt from the 1st CA like I'm guessing, and the first CA kept poor records and for some reason showed my accounts was unpaid, then to the current CA, I do indeed owe the debt. Only one CA can report on the same debt at a time, I would send the first CA a DV and it should clear off, then I would send the second CA a modified DV along with copy of bank statement indicating it was paid to the first CA.  DoFDs in Aug 08 will be coming off around August this year. Even though it can remain on file for 7.5 yrs the CRAs typically remove the derog accounts at the 7 year mark.

 

What would you do?  We are wanting to buy a vehicle this spring and I can't have these on my CR because it's pulling my score way down.  Would you DV or wait until the end of 2015 for it to fall off?  Or would you just suck it up and PFD?  Or should I call the current CA?  It aggrivates me because I know for a fact that I paid it and now my CR is suffering.

 

ETA: to add that I have never received a bill or a phone call from the current collection agency.  It says that the date assigned was January 2013.  We did move in the beginning of 2012, but even so, if I didn't indeed pay the debt (which I know I did), then I should have received something else from the original collection agency from summer 2008 through the end of 2011.

 

Thanks!


 

Message 2 of 17
carolinakiwi
Member

Re: Collection is incorrect- DV or let fall off?

Thanks for your reply in red.  Maybe my original post wasn't as clear as it should be. 

 

The collection is only showing under one collection agency - a total of two lines for one collection agency.  $80 per line for a total of $160.  There is nothing on my CR listing what I think to be the original collection agency.  The collection agency that I believe to be the original one, is who I paid the bill to back on Sept 1, 2008.  And it is not listed on my CR (as it should not be).

 

Does that make sense? :-)

Message 3 of 17
gdale6
Moderator Emeritus

Re: Collection is incorrect- DV or let fall off?


@carolinakiwi wrote:

Thanks for your reply in red.  Maybe my original post wasn't as clear as it should be. 

 

The collection is only showing under one collection agency - a total of two lines for one collection agency.  $80 per line for a total of $160.  There is nothing on my CR listing what I think to be the original collection agency.  The collection agency that I believe to be the original one, is who I paid the bill to back on Sept 1, 2008.  And it is not listed on my CR (as it should not be).

 

Does that make sense? :-)


Oh ok I see now. What I would do is send them a GW letter along with a copy of your statement showing you paid them asking that they be removed.

Message 4 of 17
carolinakiwi
Member

Re: Collection is incorrect- DV or let fall off?

Thanks.  :-)

 

Would you be able to explain your opinion more on why a GW instead of a DV?

Message 5 of 17
Anonymous
Not applicable

Re: Collection is incorrect- DV or let fall off?

Honestly, I wouldn't do anything.  You can get a free copy of your credit report from annualcreditreport.com  It will show on that report the date it is scheduled to be removed.  If you have less than 6 months, let it go.  In 3 or 4 months, you can even ask for early exclusion to have it come off even sooner.   Depending on your state, the SOL is probably 6 years and has already expired.  I looked at my old report.  I had a collection from Oct 2008 that recently came off and one from November 2008 that recently came off.   You should really look at your report.  It may be coming off sooner than you think.

 

If you want to take any action, I would actually print that bank statement showing where you paid it.  Dispute the charges on the basis that it was already paid.  Provide that documentation and it will be removed.  I went through that but mine was a recent collection.  I had proof of payment and it was removed immediately.

 

Message 6 of 17
carolinakiwi
Member

Re: Collection is incorrect- DV or let fall off?

So even though we want to buy a car this spring (before they're due to fall off in August/fall), I should just sit tight?  I didn't want these collections hurting the rate we get.

Message 7 of 17
Anonymous
Not applicable

Re: Collection is incorrect- DV or let fall off?

I was just editing while you posted.  See my last paragraph above.

Message 8 of 17
carolinakiwi
Member

Re: Collection is incorrect- DV or let fall off?


@Anonymous wrote:

Honestly, I wouldn't do anything.  You can get a free copy of your credit report from annualcreditreport.com  It will show on that report the date it is scheduled to be removed.  If you have less than 6 months, let it go.  In 3 or 4 months, you can even ask for early exclusion to have it come off even sooner.   Depending on your state, the SOL is probably 6 years and has already expired.  I looked at my old report.  I had a collection from Oct 2008 that recently came off and one from November 2008 that recently came off.   You should really look at your report.  It may be coming off sooner than you think.

 

If you want to take any action, I would actually print that bank statement showing where you paid it.  Dispute the charges on the basis that it was already paid.  Provide that documentation and it will be removed.  I went through that but mine was a recent collection.  I had proof of payment and it was removed immediately.

 


Just for clarification for me - since I'm new to rebuilding my credit. :-)  When you say "dispute the charges".......do you mean through a DV or through the CRA's?  Thanks again!

Message 9 of 17
carolinakiwi
Member

Re: Collection is incorrect- DV or let fall off?


@Anonymous wrote:

Honestly, I wouldn't do anything.  You can get a free copy of your credit report from annualcreditreport.com  It will show on that report the date it is scheduled to be removed.  If you have less than 6 months, let it go.  In 3 or 4 months, you can even ask for early exclusion to have it come off even sooner.   Depending on your state, the SOL is probably 6 years and has already expired.  I looked at my old report.  I had a collection from Oct 2008 that recently came off and one from November 2008 that recently came off.   You should really look at your report.  It may be coming off sooner than you think.

 

If you want to take any action, I would actually print that bank statement showing where you paid it.  Dispute the charges on the basis that it was already paid.  Provide that documentation and it will be removed.  I went through that but mine was a recent collection.  I had proof of payment and it was removed immediately.

 


I'm going to keep checking my report.  According to CK, the two collections (one collection agency) just reported it to my CR a couple days ago.  Ugh!

Message 10 of 17
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