cancel
Showing results for 
Search instead for 
Did you mean: 

Jefferson Capital and Emblem Debt

tag
Anonymous
Not applicable

Jefferson Capital and Emblem Debt

Hello All,

 

Got a call a few weeks ago from a CA that was trying to collect on a debt from an old Emblem Card. As I have never received anything regarding this account in writing, I denied it was mine and asked for them to send me info on it. Had not received anything in the mail. Emblem is still showing up on my Credit reports as a revolving account, last reported in 10/2012 with $0 balance. My memory was that I had closed this account. At the time, I really didn't know any better...

 

After a few weeks of no response, I got a little antsy. I've just gotten to the point where most of my issues are cleaned off my report and really didn't want some long forgotten rogue account to bring me down like that iceberg did to the Titanic. So I called Emblem. They said I had 3 accounts with them, and all were closed in June 2013. I asked for a record of the transactions leading up to closing and when the first date of delinquency was. The CSR couldn't give me an answer as all the account info had been wiped. They said the debt was sold to Jefferson Capital.

 

Now, I'm not sure what my next steps are. Do I contact Jefferson Capital and risk poking the sleeping bear? It is past the statute of limitations, so they can't sue me for the debt. I have not been contacted about this debt by anyone other than that one CA call. It does not show up on any of my credit reports as a collection. Do I ask for Debt Validation, knowing that they likely don't have it? Will they then file to the CBs and I'll have to go through the run around of getting it removed?

 

I'm currently in the garden till December, when I plan on applying for a few more cards, and refinance my auto loan. Just opened a few lines of credit, and would hate to have them revoked over a tank in score. I would also like to avoid paying this debt, but would much rather pay it than have it pop up on my CRs and be a sore spot for the next 3 years. If it does go on my CR, I have a chance at getting it removed in a few months without long-term damage, as there are several postings about JCS doing PFDs.

 

Any advice? Thoughts? Avenues I haven't seen?

2 REPLIES 2
RobertEG
Legendary Contributor

Re: Jefferson Capital and Emblem Debt

Requests for debt validation from a debt collector must be in writing.

Informal requests via phone do not impose any provisions of the DV process.

 

What does the reporting on the OC account show as to payment history and delinquencies, and most importantly, the current status as of their last reporting?

Do you recall the debt being delinquent when you closed it? 

REporting of a $0 balance by a creditor can occur either because the debt was paid, or because they sold the remaining debt.

Thus, the $0 balance does not mean there is no debt balance.

 

If you do contest that the debt was paid and not delinquent when you closed the account, then your next step should be to request debt validation from the debt collector.

The bear has already poked you, so I would request validation.

If they have not yet sent a dunning notice, then your DV will be timely, and thus impose an automatic cease collection bar against them.

The "peril" is that if the debt is, in fact, valid and they provide validation, they can then immediately report to the CRAs.  That you cannot prevent.

 

Alternately, you could choose to forgo a DV if you know the debt is valid and likely to be verified, and instead send them a pay for not reporting offer.

If accepted, it would both discharge the debt and prevent reporting of their collection.

 

 

Message 2 of 3
Anonymous
Not applicable

Re: Jefferson Capital and Emblem Debt

It is listed on both my Ex and Eq as:

Account status: Open

Payment Status: Paid

Payment Status Details: Pays Account as Agreed

Status Updated: 10/2012

Only Payment history is on my Ex with one payment in Oct 2012

Not listed on TU

 

The DC that contacted me was not Jefferson Capital Systems, but Allied Interstate. I called them and they said they returned the account to JCS as I disputed it. When they called, I really didn't know what I was doing. I was pretty heated and very defensive with the guy. 

 

I do not recall the debt being delinquent when I closed the account. A search of the boards found someone that had a similar "Thought it was closed" issue with emblem. 

 

If I send a DV notice, will that prevent JCS from posting anything to the CRA? Not fully clear on that.

 

I've read a bit of this thread: http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/Debt-Validation/td-p/7133

Is there any other solid info for Debt Validation? I'm just a bit apprehensive relying on a thread from 2008, has anything changed since then?

 

Message 3 of 3
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.