topic Re: Help - need collections advice in Rebuilding Your Credit

Help - need collections advice

Anonymous — Thu, 07 Aug 2008 00:34:19 GMT

My credit score has finally been improving and I have no negative accounts on my credit report. I received a phone call from a collections agency today stating they bought two charged off credit card accounts that had been opened in my name in 1997. They were charged off in 2000 and were a combined total of $1,500. They would not let me hang up the phone unless I gave them a checking account number to satfisy the debt. They said if I refused to give them a checking account number or hung up the phone, they could report me to the credit bureaus as I was refusing to pay a debt. They even rattled off information to me that was contained in my credit report about other open current accounts I have!!

I kept telling them that I would not give them any checking account information until I received something in writing. They said that they would now report me. Can they? I live in the State of Ohio and they threatended to garnish my wages (asking where I worked too but I wouldn't tell them). I'm so irritated as this stuff does not show up on my credit report and I don't want it to now. Thoughts or advice? Thank you!

Re: Help - need collections advice

Anonymous — Thu, 07 Aug 2008 00:54:02 GMT

lacedup2go wrote:

My credit score has finally been improving and I have no negative accounts on my credit report. I received a phone call from a collections agency today stating they bought two charged off credit card accounts that had been opened in my name in 1997. They were charged off in 2000 and were a combined total of $1,500. They would not let me hang up the phone unless I gave them a checking account number to satfisy the debt. They said if I refused to give them a checking account number or hung up the phone, they could report me to the credit bureaus as I was refusing to pay a debt. They even rattled off information to me that was contained in my credit report about other open current accounts I have!!

I kept telling them that I would not give them any checking account information until I received something in writing. They said that they would now report me. Can they? I live in the State of Ohio and they threatended to garnish my wages (asking where I worked too but I wouldn't tell them). I'm so irritated as this stuff does not show up on my credit report and I don't want it to now. Thoughts or advice? Thank you!

If it was charged off in 2000, it is too late for them to report. Charge offs can only report for 7.5 years from the date of first delinquency (DOFD).

Sounds like they violated the FDCPA in a couple of ways, as well.

As far as whether you are in SOL, I'll leave that to the gurus on the Rebuilding Your Credit board. Moving this thread there.

Re: Help - need collections advice

southernficoaddict — Thu, 07 Aug 2008 01:24:31 GMT

Who on earth is this CA?

Re: Help - need collections advice

fused — Thu, 07 Aug 2008 01:31:32 GMT

lacedup2go wrote:

My credit score has finally been improving and I have no negative accounts on my credit report. I received a phone call from a collections agency today stating they bought two charged off credit card accounts that had been opened in my name in 1997. They were charged off in 2000 and were a combined total of $1,500. They would not let me hang up the phone unless I gave them a checking account number to satfisy the debt. They said if I refused to give them a checking account number or hung up the phone, they could report me to the credit bureaus as I was refusing to pay a debt. They even rattled off information to me that was contained in my credit report about other open current accounts I have!!

I kept telling them that I would not give them any checking account information until I received something in writing. They said that they would now report me. Can they? I live in the State of Ohio and they threatended to garnish my wages (asking where I worked too but I wouldn't tell them). I'm so irritated as this stuff does not show up on my credit report and I don't want it to now. Thoughts or advice? Thank you!

These charge-offs, were they credit cards? Please say yes!

Re: Help - need collections advice

Anonymous — Thu, 07 Aug 2008 01:33:19 GMT

They are called Portfolio Recovery.

Re: Help - need collections advice

Anonymous — Thu, 07 Aug 2008 01:34:49 GMT

Yes - they were charge off credit cards by Lowes and Sears. Again, they were opened in 1997, my dear ex charged them up, dumped me and left the bill. They were charged off in 2000 and the charge off's do not appear on my credit report from all three bureaus.

Re: Help - need collections advice

fused — Thu, 07 Aug 2008 01:37:13 GMT

They are the CA. What I need to know is what type of accounts these COs were originally. Were they credit cards, loans, etc.? It's crucial you know this, otherwise we can't help you. Statute of limitation laws vary greatly by state and type of account.

Re: Help - need collections advice

fused — Thu, 07 Aug 2008 01:48:41 GMT

Good news! You'll be fine! I'll be back very shortly to explain why.

Two things going on here, and both are very good. The good news is this debt is past the reporting SOL (statute of limitations). Federal law states collections can report up to 7.5 years after an account's DOFD (date of first default), when the account is 30 days past due. So, they cannot report these accounts and even if they try, they would be in violation and they can be removed from your reports with relative ease.

Second, you are past Ohio's legal SOL for CCs (open contracts) which is 6 years. So long as you never made a payment on these bad accounts in the last six years, the JDB (junk debt buyer) will not be able to get a judgment against you. If they tried to sue you, your defense in court would be, "your Honor these debts are past Ohio's SOL." Case dismissed! I have one last question, did these debts occur in another state?

Also, keep in mind, that just because the SOL is up, the collection never goes away. By law they can continue collection efforts. So, if the JDB continues to harass you send them a very pointed C&D (cease and desist) letter...or better yet a FOAD letter (use your imagination, a blank off and die letter).

Message Edited by fused on 08-06-2008 03:48 PM

Re: Help - need collections advice

Anonymous — Thu, 07 Aug 2008 02:03:15 GMT

Thanks - I appreciate any help or advice you have. I was shocked at their tactics and told them they violated my privacy by exposing personal information on my credit report since they couldn't confirm my identity.

I'm just so worried they will try to put a new inquiry and negative mark on my credit report when it's clean and I'm trying to build up credit.

PS - both of these debts were in the same state I am in now - Ohio.

Message Edited by lacedup2go on 08-06-2008 10:03 PM

Re: Help - need collections advice

fused — Thu, 07 Aug 2008 01:53:01 GMT

bump

Re: Help - need collections advice

Anonymous — Thu, 07 Aug 2008 02:03:35 GMT

Fused - thanks for your help. I feel like I can breathe a sigh of relief now. I see helpful links here, but do you have a good one to help with a cease and desist letter?

Again, many many thanks.

PS - both of these debts were in the same state I am in now - Ohio.

Message Edited by lacedup2go on 08-06-2008 10:03 PM

Re: Help - need collections advice

fused — Thu, 07 Aug 2008 02:11:11 GMT

I don't have a good C&D letter, I just ignore JDBs and toss their meaningless threats in my shredder. Let me see if I can find one.

Re: Help - need collections advice

fused — Thu, 07 Aug 2008 02:13:43 GMT

Here is one written by one our myFICO mods, Sidewinder.

Certified Mail # XXXXXXXXXXXXXXXXX

Your name

Your address

CA address

Date

RE: Account # XXXXXXXXX

Dear Sir/Madam

This letter is to inform you that I request ALL communication with me in connection to the above referenced account be discontinued, effective the day you sign for this letter.

Be aware that any communication not in accordance with FDCPA 805(c) after such point will be considered a violation of FDCPA.

Best regards,

lsian920

Re: Help - need collections advice

Anonymous — Thu, 07 Aug 2008 02:15:59 GMT

Many thanks again. Also, thanks for coming up with a list of common abbreviations that are kept in a central easy to find location. I must have looked at that list 10 times when reading the responses and other posts.

Take care. Glad to have this forum!

Re: Help - need collections advice

Anonymous — Thu, 07 Aug 2008 05:49:40 GMT

I hate to rain on your parade but I live in Ohio and the S O L is 15 years. In Ohio they consider a CC as an written contract.

Message Edited by l9ikjam on 08-06-2008 10:49 PM

Re: Help - need collections advice

RobertEG — Thu, 07 Aug 2008 06:48:47 GMT

Yes, Ohio has the longest SOL for bringing initial suit for unpaid debt, and it is 6 years for oral, but 15 years for written. So it does not appear that your state SOL has expired.

But threats by a CA to garnish wages, etc., is pure BS. That can only be done after they bring suit and gain judgment by a court. They are harassing you. Tell them to cease and desist their collection activities, immediately.

And state SOL for bringing suit has NOTHING to do with their ability to post negs on your CR under fedral law. That is a state legal matter that is totally divorced from credit reporting under the FCRA. The FCRA prohibits them from making neg posts for more than 7 1/2 years from the date of the DOFD. Nothing to do with when the CA was posted, when the account was open or closed, or any later activity by you or them. They either dont kno the law, or are blowing smoke up your buttocks.

Your debt is much less than their legal costs to bring suit. It is roll the dice time for both of you!

Message Edited by RobertEG on 08-06-2008 11:48 PM

Re: Help - need collections advice

Anonymous — Thu, 07 Aug 2008 10:52:11 GMT

So, if a credit card chargeoff is considered a written contract, should I ask for proof of signature, etc.?

Re: Help - need collections advice

Anonymous — Thu, 07 Aug 2008 15:54:35 GMT

Okay - So, I still need help. I reviewed my credit report today, and sure enough, there are two inquiries from Portfolio Recovery from yesterday (mad that there are two inquiries from the same company!!)

As I stated before, they told me stuff that was contained in my credit report over the phone, which was infuriating. I don't want these to show up as 'hits' since, again, the two credit cards totaling less than $1,500 were charged off in 2000.

Is there anything I can do? I see all of these links for letters, etc., but I also want to make sure I don't cause more problems. Someone stated earlier that the SOL for credit cards in Ohio is 15 years as it's a signed contract.

Thoughts/advice?