cancel
Showing results for 
Search instead for 
Did you mean: 

Curious Legal Question

tag
Anonymous
Not applicable

Curious Legal Question

So, if a debt was originally, say, $100. Then it was charged off. Then a CA picked it up and added $2000 to the debt on the credit reports years ago. BUT! When the person started rebuilding with new accounts and even AU accounts, the CA decided to start tacking on interest (years later) and doing so each month - which drops the positive points to negavtive on the scores.... is that LEGAL? I am sure it is somewhere but SO NOT FAIR. The debt is far from the original amount that was owed, and getting worse each month (according to what the CA is reporting) in spite of being past SOL. Is there ANY recourse to fight this BS? I know, I know, pay it -but the debt would actually be several hundred dollars (it was a very large amount that was charged off) even if I offered them a small percentage. I have better things to do with our money than to throw it away on old debt that will go away completely in a year or two.

Message 1 of 12
11 REPLIES 11
gdale6
Moderator Emeritus

Re: Curious Legal Question


@Anonymous wrote:

So, if a debt was originally, say, $100. Then it was charged off. Then a CA picked it up and added $2000 to the debt on the credit reports years ago. BUT! When the person started rebuilding with new accounts and even AU accounts, the CA decided to start tacking on interest (years later) and doing so each month - which drops the positive points to negavtive on the scores.... is that LEGAL? I am sure it is somewhere but SO NOT FAIR. The debt is far from the original amount that was owed, and getting worse each month (according to what the CA is reporting) in spite of being past SOL. Is there ANY recourse to fight this BS? I know, I know, pay it -but the debt would actually be several hundred dollars (it was a very large amount that was charged off) even if I offered them a small percentage. I have better things to do with our money than to throw it away on old debt that will go away completely in a year or two.


Interest and fees can be tacked on forever as long as it remains unpaid or is not discharged in a BK. Being past your states SOL has nothing to do with the amount of time it can be reported on your CRs. SOL is set by each state, the FCRA sets the time it can be on file and its 7.,5 yrs from the DoFD max. If its past states SOL I would do nothing as I see you are not interested in settling it, once its dropped from your reports and if they contact you again simply send them a FOAD letter.

Message 2 of 12
Anonymous
Not applicable

Re: Curious Legal Question

Boo. I was hoping I could dispute the amount or something. Thanks for your response.

Message 3 of 12
Anonymous
Not applicable

Re: Curious Legal Question


@Anonymous wrote:

Boo. I was hoping I could dispute the amount or something. Thanks for your response.


You could if you know the terms of the original contract and the interest they can charge you. If the CA is exceeding what they are legally allowed per your original agreement to charge, that is a disputable issue.
Message 4 of 12
Anonymous
Not applicable

Re: Curious Legal Question

AH HA! Tell me more, please! THis might actually be something. I know the original amount of what the interest was, and I most certainly know there is NO WAY they are abiding by that. Where can I read more about what you are telling me? THANKS!

Message 5 of 12
gdale6
Moderator Emeritus

Re: Curious Legal Question


@Anonymous wrote:

@Anonymous wrote:

Boo. I was hoping I could dispute the amount or something. Thanks for your response.


You could if you know the terms of the original contract and the interest they can charge you. If the CA is exceeding what they are legally allowed per your original agreement to charge, that is a disputable issue.

You would also need to know what your states collections law is on this, there are fees and their own charges that can be added in addition to what the original agreement calls for.

Message 6 of 12
Anonymous
Not applicable

Re: Curious Legal Question

The biggest issue I have is that it sat for a few years and didn't accrue intrest or anything for a couple of years. I started working on our credit and BAM..... they started reporting monthly and started tacking on random dollar amounts each month.

Message 7 of 12
gdale6
Moderator Emeritus

Re: Curious Legal Question


@Anonymous wrote:

The biggest issue I have is that it sat for a few years and didn't accrue intrest or anything for a couple of years. I started working on our credit and BAM..... they started reporting monthly and started tacking on random dollar amounts each month.


Its been accruing it all since default they just didnt have a reason to update it every month. When you started improving your credit your collection score rose triggering the updating every month, its a weapon in their arsenal to try and force you to settle it as when it reports every month it keeps your Fico score depressed and it cant recover. Credit really is a game played by all involved and once you learn the rules you can become the king.

Message 8 of 12
RobertEG
Legendary Contributor

Re: Curious Legal Question

Federal law prohbits a debt collector from attetmpting to collect any amount that is not specficially authroized in the account agreement that created the debt or permissted by law.  That explicity includtes any interest or fees.  See FDCPA 808(1).

Additional limitstions may be provided under state laws.

 

There is nothing improper in pursuing unpaid debt provided the party does not violate any laws or regulations.

It is becoming increasingly a requirement of law that debt collectors advise consumers when debt is clearly outside SOL that they can no longer obtain a judgment.

NYS requirements pertaining to debt outside SOL go into effect this year, and the CFPB is considering national regulations on that issue.

 

Old debt does not "go away" based on credit report exclusioon or expirateion of SOL, and paying delinquent debt is not throwing money away.

It is removal from your credit history that you acquired a debt that remains unsatisfied.

 

 

Message 9 of 12
Anonymous
Not applicable

Re: Curious Legal Question

Thanks for your response RobertEG. I just looked at two out of three of the reports. There are varying balances being reported by the CA and one shows as a factoring company and it being an OPEN account having been updated this month with $ added to the balance. On the other report it shows as a collection and states that it was sent to a collection company and has not been updated since 2013 with a different balance with terms of 1 month.

Message 10 of 12
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.