Questions about old GE Capital account, no longer on reports, Midland trying to collect

[mintons]

Hello -  First of all, i want to say this board has been amazing, I have been able to raise my score almost 200 points within about 16 months using everyone's advice!!!!  I will try to keep this from turning into the length of a book, but I have a question about an account my wife has on her Credit Report...We have hers down to about 1 baddie....and it is Midland Credit.  It is for an account that was with GE Money Bank/ Peach Direct.  Midland has been hitting her credit report for months now, but have not really got any phone calls from them.

My challenge is this, she does not have an account on any of her credit reports for GE Money Bank or Peach Direct for this account being collected on.  I know it is getting close to falling off (or should be) but not sure what time timeframe is.  So that is my first question:

1.  How can we find out the details about an account that is no longer on her report?  Should the credit Agencies be able to pull records on that?

I had been wanting to speak to someone to find out what the SOL was, date of first major deliquency, etc. but was not sure.  But I was worried about trying to get in touch with Midland because I was afraid it would awake a sleeping giant, and prompt suit, or something.....and hoped at some point we would be out of SOL.

Then today, get a call from a Credit Control LLC, stating that they were hired by Midland to collect on an account and were prepared to offer 3 settlement options....The original amount was 3500, they would take 1700 if paid in full today.......we could pay in 3 monthly installments, or set up monthly installments to until paid.  However, before I would agree to anything, I requested specifics on the details.  He then starts in, so you are refusing to pay? etc......I told him I was not agreeing to pay or not pay until I had more information on the account.  Who owns the account, he stated that we had made a payment on it in the past (which I know for a fact we did not), so I should know it is true.  Bottom line, I told him that I would need to know more details, and verifciation of the debt.....He told me he could not do so....that it would take several months to get the information from Midland Credit, etc.

He did say that the original account was opened 10/2006, and charged off 9/6/2008. So, next question,

2.  Living in OHIO, I believe we are out of the SOL now based on the charge off amount date......but the date of first major delinquency is probably earlier than that right?  I think this account should be dropping off for good in about 12 months???  Hard to say with original creditor not reporting anything on it??

Anyway, he said that we were "getting nowhere" on the call, because I was asking for specifics about the account, and that it would take months to get from Midland, and that he would no longer be my servicing agent, and that the offers would go away, etc.

I just am not sure where to go with this account...and how to handle.....any feedback, recommendations, etc.?????

Thanks!!!!

[dursty87]

When I had the same issue of not knowing the DOFD on the OC account I contacted the CRA's dispute department directly and inquired about such date.  I was able to obtain it from them.  I have read other members having to mail in letters with a $10 fee or something like that.  Personally I didn't do that so I can't comment on it.  I would try to call them first and avoid contact with the CA.  Once a CA reports a debt to a CRA they have 90 days to report the DOFD they obtained from the OC.

As far as the SOL it appears you are indeed outside of it if what the rep told you is true as far as DOFD and CO dates.  In Ohio it is 6 years for CC debt.  They can still try to sue you, you would just use the SOL and the debt being time barred as your defense.