topic Out of the blue phone call for a debt over 5 yrs old? in General Credit Topics

Out of the blue phone call for a debt over 5 yrs old?

TeeGee — Wed, 26 Mar 2014 16:36:03 GMT

I got a call yesterday from (I believe) a collection service that wanted to identify me and then stated I owed a creditor over $5,600 and just what did I want to do to about settling this matter?

I said "WHAT???" and she claimed I owed the money. At the time she called my daughter and granddaughter were visiting so I said I couldn't talk and got a number and extension to return her call.

Things were foggy during that time, I do remember something about a call about 6 months after (after I lost my job and had only disability to live on) where someone said I owed an additional sum (I can't remember what that was). After that, I never hear another word from them either by phone or mail. I have moved, but always had a forwarding order with USPS.

Fast forward 5 plus years and I get this call.

I don't know what to do - call her back or hide and ignore it, or contest it? But over 5 years later I hear from a collection company? That's crazy - I have never changed my phone number, anyone could have contacted me at any time.

The timing couldn't be worse. Help??

Re: Out of the blue phone call for a debt over 5 yrs old?

RobertEG — Wed, 28 Aug 2013 17:27:41 GMT

The very first thing I would want to know is who now owns the debt.

The debt collector could either be acting as a collection agent of the current owner, or could have acquired the debt.

If the hospital has sold the debt, they no longer have any authority to excuse it or to report it as paid.

The call by the debt collector was an initial communication with the consumer, which automatically triggered their requirement to send you dunning notice within 5 days, so you should be receiving a written collection notice that must, among other things, advise you of the current owner.

You can wait for that notice, or you can immediately send them a DV, which will place an immediate cease collection bar on them until such time as they have provided verification of the debt. That extends to credit reporting, and thus will give a temp reprieve from the reporting of a collection until they provide debt verification.

Re: Out of the blue phone call for a debt over 5 yrs old?

TeeGee — Wed, 28 Aug 2013 18:18:16 GMT

I'm sorry but what is a DV?

Re: Out of the blue phone call for a debt over 5 yrs old?

RobertEG — Wed, 28 Aug 2013 18:30:29 GMT

A DV is a request by a consumer for the debt collector to provide debt validation (DV), which includes a statement that they have investigated the debt, and state that they have reasonable basis for affirming that it is legitimate, and that you are the obligated consumer. It also requires, if requested, that they name the origihal creditor, and provide an itemization of the asserted debt.

They are required to send you a formal collection (dunning) notice within 5 days of any initial communiation with you regarding their collection on the debt.

In that dunning notice, they must advise you of your right to request debt verification, and if you do so within 30 days of their dunning notice, they must cease further collextion on the debt until such time as they have provided the requested debt validation (DV).

If you send a DV either before they send dunning notice, or within 30 days after receiving dunning notice, it invokes an automatic cease collection bar on them, which includes any reporting of their collection to a CRA. They can send the requested validation at any time, and then immediately report or resume any collection activities.

Re: Out of the blue phone call for a debt over 5 yrs old?

TeeGee — Wed, 26 Mar 2014 16:40:14 GMT

I ran their phone number and it came up as a collection company. It would seem they may hold ownership of a debt, but they don't know my current address.

I expect another call from them, or they may be able to just look up my address - I don't know. It seems like it would be wise to wait for their letter, then send the letter, to afford as much time as I can.

Is there a form letter of some kind I can copy? In the meantime, I don't want to avoid it, but this is just crazy - I got no notification from the creditor.

Re: Out of the blue phone call for a debt over 5 yrs old?

TeeGee — Wed, 26 Mar 2014 16:44:51 GMT

I called the original creditor and they said they had contacted me several times about this. This is simply not true. I Never received a bill, no phone calls.

Additionally, I find out there is a statute of limitations of 4 years.

I will send that letter you mentioned, but after contacting the original creditor, I am sure they sold the debt.

I once paid a credit card company a lesser amount than owed, with the promise that it would be removed from my credit report. Never happened. If I agree to make payments to these b*st*rds, or settle for a lesser amount, could that be a stipulation?

I want to purchase a condo and be able to close by January of 2014 - this could potentially wreck matters. Any help is appreciated.

Re: Out of the blue phone call for a debt over 5 yrs old?

TeeGee — Mon, 02 Sep 2013 17:54:53 GMT

Well, I'm not receiving any replies to this problems that is keeping my awake at night. I did obtain a copy of a DV letter from this forum (thank you!) and in it requests:

• Provide proof that Debt Collection • Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations in __________
• Proof of agreement that you were hired by the ___________ (“creditor” as defined by the FDCPA) or
• A copy of the contract wherein ___________________ purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between ______________ and myself, signed by me, stating that I have a contractual responsibility to _______________for the alleged debt
•Company Name is bonded/Licensed for debt collecting in the State of ________

I do hope all of the above is required by the code section mention in the DV Letter, in fact I am counting on it. Another post from an individual with a similar problem stated that the CA doesn't have to provide you with this information.

I am very confused about this portion of Fair Credit and Report Act section. I am going to read it myself so I'm fully educated.

Any and all responses - thanks in advance! I'm truly losing sleep over this - the phone calls started Aug. 29th so I would expect to receive a letter from them within 5 days?

Re: Out of the blue phone call for a debt over 5 yrs old?

Anonymous — Mon, 02 Sep 2013 18:13:52 GMT

No, they are not required to provide that information.

DVs fall under FDCPA 809 and not the FCRA.

Re: Out of the blue phone call for a debt over 5 yrs old?

TeeGee — Thu, 20 Mar 2014 23:30:21 GMT

What does that mean?

May I ask if I should send them a differently worded debt verification letter? Is there a different type of letter?

I'm very confused about what avenue to take. I read the statue of limitations to collect a debt is 4 years. Does none of that count? Any advice is appreciated.

Re: Out of the blue phone call for a debt over 5 yrs old?

Anonymous — Mon, 02 Sep 2013 22:10:01 GMT

"You have reported a debt to my credit report, account #______. Per FDCPA 809 please validate. Also include the name and address of the OC and an itemization of the alleged debt".

That's it, simple and to the point.

SOL is the state law that says how long a creditor/CA is given to bring suit against you. If it has expired, you would use that in court as an affirmative defense.

Re: Out of the blue phone call for a debt over 5 yrs old?

TeeGee — Wed, 26 Mar 2014 16:22:13 GMT

OMG they can report it to my credit report by just calling? I'm just going to send out the lette. I'll give them my name and phone as a reference and the name of the creditor.

I have read (perhaps it's wrong) that to pay a debt that old is to open a can of worms - eg, it will stay on your report for another 7 years. To pay over $5,600 for a debt that I didn't believe I even owed is crazy; and secondly I can't afford it. Even if they agree to payments, I would request they didn't put it on my report but, I have found they lie - they say it won't go on your report, but it does. It happened to me with a credit card I agreed to pay a reduced amount and they agreed to remove it from my report. I wrote the individuals name down and when I tried to call the company and make my case, they laughed at me and said no such person existed.

Re: Out of the blue phone call for a debt over 5 yrs old?

Anonymous — Tue, 03 Sep 2013 00:25:33 GMT

Unfortunately, no, no prior notification is required before posting it to your CR nor do they have to give you a chance to pay first. Some CAs will but they don't have to.

Nothing can make a debt stay longer than the CRTP, not even paying it.

Some CAs do lie but there are those that will honor their word. Many of the CSRs that work for CAs give false names.

Can you get your free reports from annualcreditreport.com?

Re: Out of the blue phone call for a debt over 5 yrs old?

TeeGee — Wed, 26 Mar 2014 16:23:35 GMT

No I have to pay for them - they all say I've requested them within the last year so to get current ones; 20 bucks a pop - I think I'll just order one (budget) probably experian.

Re: Out of the blue phone call for a debt over 5 yrs old?

Anonymous — Tue, 03 Sep 2013 13:35:41 GMT

Just receiving the DV letter in a timely manner will put a cease collection bar in place and they will not be able to post it on your CR. Once they initially contacted you, they were obligated to send a dunning notice within 5 days. The receipt of that dunning notice is what is used for the DV letter.

If you haven't received one, send it anyway.

If SOL has expired, many CAs will make note of that on their dunning notices, though it is not required. If SOL has expired and they still try to sue, your defense would be SOL and the judge would decide. The only time I would get an attorney involved is if the CA violated some law. If they haven't you would be wasting your money. In some states it is illegal for a CA to bring suit on debt with an expired SOL but not all.

Re: Out of the blue phone call for a debt over 5 yrs old?

elvigy — Tue, 03 Sep 2013 16:49:00 GMT

FYI, if you still have your Experian report number you can go to their home page, scroll to the bottom and click on "View My Report Again" and put in the report number and some other info and you will get an updated copy of your report. Generally this is only good for 90 days but there are reports of some users being able to do this for a lot longer than that. Doesn't hurt to try it if you can find that report number.

Re: Out of the blue phone call for a debt over 5 yrs old?

TeeGee — Wed, 26 Mar 2014 16:24:36 GMT

Hi Moderator:

You said "Nothing can make a debt stay longer than the CRTP, not even paying it."

I looked up common abbreviations and don't understand this one. I tried to figure it out = does it mean when the debt was first delinquent?

Thanks for your ongoing help - I am lost here. The statue of limitations is 4 years but I don't know when the start date is.

BTW, it is not on my credit report by experian.

Re: Out of the blue phone call for a debt over 5 yrs old?

Anonymous — Thu, 26 Sep 2013 15:11:29 GMT

CRTP - Credit Report Time Period. This is the time a negative account remains on your CR based on the DoFD of the OC. The DoFD is the date of first delinquency on the account that was never brought current before it was CO'd or went to collections.

Your state SOL normally starts from the DoFD also. So if your DoFD on the account was say, Oct 2009, that is when your state SOL would also start. However, depending on your state statutes, any subsequent payment could change your state SOL to the date of last payment.

Re: Out of the blue phone call for a debt over 5 yrs old?

TeeGee — Wed, 26 Mar 2014 16:26:24 GMT

I suppose any date of first delinquency would be over.

This aggressive agency has ruined my credit report right before I want to buy a condo. I am screwed!

How can I use a states SOL to make them remove such an old account? I am still so lost here! I didn't send any letters - I was waiting to hear from my tax person. Am I just victim to these people?

Can someone PLEASE help with proactive advice?

Re: Out of the blue phone call for a debt over 5 yrs old?

RobertEG — Sun, 27 Oct 2013 02:13:50 GMT

Expiration of SOL has nothing to do with credit report exclusion.

While both may be based on DOFD as setting the running of their periods, expiration of SOL relates to your defense against any legal action, while expiration of the credit report exclusion period relates to how long it can be included in any credit report issued by a CRA.

When the debt collector reported their collection, they were required to have provided the DOFD on the OC account to the CRA within 90 days after that reporting.

That date, and that date alone, establishes the beginning of the 7 year plus 180 day period after which it can no longer be included in your credit report.

You cannot rely on expiration of SOL on the debt as basis for CR exclusion.

If the due date for the first payment missed was back in 2008, the expiration of the CR exclusion period would be sometime in 2015 up to the middle of 2016, depending on the month of the first delinquency.

Re: Out of the blue phone call for a debt over 5 yrs old?

parakleet — Sun, 27 Oct 2013 17:05:04 GMT

OP - I strongly recommend going to your local Legal Aid for help. They should be able to tell you if you qualify for their services and whether they can help. If you don't qualify, you may need an attorney. It sounds like there's a lot of stuff that's going to be over your head and it's best to have a qualified licensed attorney to help you navigate. If this situation is going to potentially prevent you from buying a home, you're going to need more serious help than what can be offered on the internet. Good luck.