topic Re: Collection Agency did a HP way past SOL...options? in General Credit Topics

Collection Agency did a HP way past SOL...options?

codesingh — Thu, 28 Mar 2013 19:37:51 GMT

There is 9 year old debt that this company is trying to collect from me. The SOL has been reached and over 2 years. How can I deal with this?

Can I just call TU and tell them about this unauthorized HP? It is just HP which ate down 2 of my FICO score points.

Re: Collection Agency did a HP way past SOL...options?

Anonymous — Thu, 28 Mar 2013 20:27:19 GMT

They have PP to do a HP. Debt never goes away and they can attempt to collect forever. There are 2 states, WI and MS, where when the SOL has expired, so has the debt. If you live in either of these states you could probably fight it.

Re: Collection Agency did a HP way past SOL...options?

codesingh — Thu, 28 Mar 2013 21:05:42 GMT

Thanks guiness56 that helps.

Re: Collection Agency did a HP way past SOL...options?

0x47 — Fri, 29 Mar 2013 01:10:23 GMT

It might be PP, but it might also be harassment? Would there by any value in sending a C&D letter?

Re: Collection Agency did a HP way past SOL...options?

codesingh — Fri, 29 Mar 2013 15:01:12 GMT

What is a C&D letter?

Re: Collection Agency did a HP way past SOL...options?

Anonymous — Fri, 29 Mar 2013 16:01:24 GMT

C&D - Cease and desist. It means they cannot contact you at all about the debt. However, there is nothing stopping them from sending it to another CA and the same thing happening again.

Unpaid debt stays around forever and is collectable forever unless you live in WI or MS.

Re: Collection Agency did a HP way past SOL...options?

RobertEG — Fri, 29 Mar 2013 19:00:42 GMT

The FDCPA only authorizes the consumer to instruct the debt collector to cease communication with them. FDCPA 805(c).

It does not authorize a consumer to require a debt collector to "cease and desist" other legitimate collection activities.

Reviwing a consumer's credit report for the purpose of their collection on a debt is a clear permissible purpose under FCRA 604.

That is, in my opinion, a legitimate collection practice, not harassment.

The option to discontinue that permissible purpose is to satisfy the debt.

Re: Collection Agency did a HP way past SOL...options?

Anonymous — Mon, 01 Apr 2013 02:11:19 GMT

I know debt never goes away etc etc, but i would still contest it with tu. Thats me i reckon. I would tell tem the original account is way way past seven years old, and i would bet they will remove it. Could be wrong and i know people will argue with me, but i would still take that route and see what happens.