@lovemybabiesx2 wrote:
On my husbands CR is a 1020 collection reporting #1 it's an incorrect amount (we owe 230) the OC will NOT bring it back from the CA, the CA will NOT do a PIF for deletions. Then i was looking at it more closely and the FIRST date they report is Nov 2008 that it was placed with them for collections, however, we have proff that the OC recieved their FIRST payment on Nov 08, 2nd payment on Dec 08 & 3rd payment Jan 09 which left a balance of 230 that we didn't pay Feb 09...so since the date and the amount is incorrect how could i go about getting it removed completely from my hubby's CR?
Two items to address: date assigned and the balance.
As far as the date assigned goes, you don't want them to change it. IIRC, date assigned is one of the dates that FICO looks at and if you get them to change it to a newer date, then you take the risk of a lower score. Date assigned is when the CA was assigned or purchased the debt. I wouldn't worry about it for the reason mentioned. It's not uncommon for the OC to assign the debt to the CA and still collect money. This is especially true if they lack an in-house collections department.
Balance could be an issue. In most all states, they can add interest. I'd do some math to see if that's possible. Your state had laws on the books that define the default APR lacking an agreement. The agreement that you had with the OC should spell out that rate though. I'd also look for any correspondence from the CA that indicates why the balance is so high. The FDCPA prohibits collection fees, though interest is OK. I once had a CA with a starting balance of $300. No joke, and I still have the letter, they increased it from $300 to $600 because of "collection fees". One year later, I get another letter from the same CA increasing it from $600 to $1200 due again to "collection fees". Clear violation of the FDCPA. They capped it a year after that to $1350 and every year they send the same $1350 and some change letter. It's past CRTP and SOL so it gets ignored. But I would start with the math on your own. Once you have the full $1000 saved up, then send them a DV and specifically ask from them an accounting of how they got to the balance they claim. If past SOL, then ignore saving up the money (save it just in case they sue...you can still duke the balance out in court).
