topic Re: "Can They Do This?" in General Credit Topics

"Can They Do This?"

Anonymous — Tue, 05 Jun 2007 00:08:53 GMT

I had a collection of $251 that was deleted back in October of last year. It came back last month and popped me for 40 points and then not only was it reported on collections, but as a open account that was +120 days late. Isn't that a duplicate entry? I spoke with Equifax and told them that this was not mine and that it was deleted back in October and they sent me an update saying that it was verified. What should I do?

Re: "Can They Do This?"

Anonymous — Tue, 05 Jun 2007 00:20:18 GMT

Anyone? Someone? Please help!

Re: "Can They Do This?"

fused — Tue, 05 Jun 2007 00:24:25 GMT

ASAP2 wrote:
I had a collection of $251 that was deleted back in October of last year. It came back last month and popped me for 40 points and then not only was it reported on collections, but as a open account that was +120 days late. Isn't that a duplicate entry? I spoke with Equifax and told them that this was not mine and that it was deleted back in October and they sent me an update saying that it was verified. What should I do?

I am not an expert on this. I will defer so I do not give you bad advice. Just wait for Tuscani or Noah_Brodie or some other regular to get online, they should be able to help you.

Re: "Can They Do This?"

sl — Tue, 05 Jun 2007 00:41:01 GMT

Do you owe the amount? Also, what is the SOL?

Re: "Can They Do This?"

Anonymous — Tue, 05 Jun 2007 01:35:03 GMT

What's SOL?

Re: "Can They Do This?"

sl — Tue, 05 Jun 2007 02:09:09 GMT

Statue of Limitation (Legal time period they can collect on the debt).

Re: "Can They Do This?"

MercyMe — Tue, 05 Jun 2007 02:34:29 GMT

ASAP2, I am no authority, and agree that Tuscani or Noah_Bodie would be best to advise you. I do have a couple of questions, however. You're sure this was deleted? You have a previous agreement, preferably in writing, between yourself and the original creditor or collector that this would be deleted? If you do, you need only send proof of this to the CRAS, by registered mail, return receipt requested. Send copies only. Never send originals. Keep copies of everything you send, and remember, agreements made by phone conversations are next to never honored or upheld. Paper trails are of utmost importance. You might begin compiling that now by send the CRA a MOV letter. Noah_Bodie has lots of really useful information on the same in one of his posts. Just type MOV into the site's search engine.

I don't know that a Debt Validation letter will help you much, at this point, as you and the OC seem to be in agreement that you owe this debt, as you haven't indicated that it's been paid, but obtaining a debt validation might help you to determine when the date of last activity was as well as when the last payment was made, and whether this account is listed with the OC as open or closed. You have indicated that a recent 120 day late derogatory has been placed on your credit report, which doesn't mesh with what you said about this account being deleted last year. A DV might also help to clear up this discrepancy. Do you know if this amount was charged off?

I am assuming this account was not paid off, and because it ran 120 days late it may be reporting twice -- once from the original creditor and once from the collection agency it was assigned to. Check to see if the account is being reported by only one entity -- the original creditor, or two -- the original creditor and a collection agency, which I believe is permissible, if in fact there was no binding agreement between you and the OC as to the deletion of this account.

In the past I have had many things report twice on my reports, that were turned over to collections, and there was little I could do about it. If only I'd have known then, all that I know now, I might have paid for a delete, which is another thing you can do.

If the original creditor still holds the debt (didn't sell it to a collection agency), or if the original creditor assigned the debt to a collection agency, you might try a PFD through the original creditor. Talk to the OC first to determine if it would be possible to pay the balance due in exchange for a delete of this information from your credit file. If the OC agrees, get the agreement in writing BEFORE YOU PAY ANYTHING. If the OC says that they no longer hold this account as it's been assigned or sold to a collection agency, call the CA and ask for a PFD. Again, get whatever agreement you make for a PFD in writing. That way, if it were to appear on your credit reports again, you'd have proof that the creditors agreed to delete the file upon payment. Keep your receipts for the payment, as well.

Again, as I said, I am no authority. I am only just beginning to learn this stuff, myself. I am certain, however, that if I have misinformed you, one far more experienced than I will surely correct me and assist you. In the meantime, hang in there and read the posts regarding DVs, MOVs and PFDs, which should give you pretty good idea of what course of action to take, at this point.

Godspeed.

Message Edited by MercyMe on 06-04-2007 07:30 PM

Message Edited by MercyMe on 06-04-2007 07:31 PM

PS: SOL is Statute of Limitations.

Message Edited by MercyMe on 06-04-2007 07:34 PM

Re: "Can They Do This?"

Anonymous — Tue, 05 Jun 2007 06:01:04 GMT

ASAP2,

Did the collection come back for the exact same amount and with the exact same company? Or is it a different CA? I presume this is a CA. If so, DV them.

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=4328

Re: "Can They Do This?"

Anonymous — Tue, 05 Jun 2007 06:03:40 GMT

ASAP2 wrote:
What's SOL?

The Statute of Limitations depends upon the state where you reside. In theory, it could also come from the state where the debt was incurred, if that's different.

Short question, in what state do you live? And by that I mean something like Georgia, Florida, Texas, etc. Not beyond your means.

Message Edited by Noah_Bodie on 06-04-2007 11:03 PM

Re: "Can They Do This?"

Anonymous — Tue, 05 Jun 2007 07:59:22 GMT

It was a medical bill! It was the same one that they deleted last year for the same amount because it couldn't be verified. Even on my credit report, it states the the O.C. is unknown. It was never listed as an open account in the past, just a collection. I had a couple of Mortgage inquires pop up lately and they are just trying to d*&# me around!

Re: "Can They Do This?"

MercyMe — Tue, 05 Jun 2007 10:48:33 GMT

Do you know who the original creditor is? You certainly need to DV this, with the collection agency that's reporting. They can't report a debt they can't validate. Remember, certified mail, return receipt requested, and keep copies of everything! Also, what documentation do you have regarding the past delete of this item from your credit reports/files? Did you dispute this information before? Do you have a paper trail regarding that, like an updated credit report and notation from the CRA(s) that this information has been deleted and why? Have you been monitoring your credit so that you can access past credit files through the CRA websites? If you haven't been doing this, please, please, do so. This creates an automatic paper trail.

Mercy

Re: "Can They Do This?"

Anonymous — Tue, 05 Jun 2007 23:23:01 GMT

ASAP2 wrote:
It was a medical bill! It was the same one that they deleted last year for the same amount because it couldn't be verified. Even on my credit report, it states the the O.C. is unknown. It was never listed as an open account in the past, just a collection. I had a couple of Mortgage inquires pop up lately and they are just trying to d*&# me around!

Is the TL showing the name and address of the CA? If so, then definitely DV them right away.