topic Re: Do CAs monitor your credit for changes and pounce when they see them? in Rebuilding Your Credit

Do CAs monitor your credit for changes and pounce when they see them?

Anonymous — Thu, 04 Apr 2013 18:04:42 GMT

Just got a call about an old charge off. I asked for the DoFD and she said the account was charged off from OC 11/30/2005. Is this outside of any possible SOL??? It was a credit card.

I am trying to rebuild and taking pride in clearing old debts so I answered the phone knowing it was going to be a CA. I asked about a settlement offer and was given one. Then I asked when I would need that amount by and I was told in two payments, the first being right then and there over the phone using my checking account. I was then told to hold so they could review my options. I was actually put on hold to be redirected to a supervisor who was very rude. I'm so sorry I even answered the phone. I am willing to pay but I can't pay $500 right now and not over the phone. I asked for the name of the CA and for the name of the Owner of the debt. She kept saying that her company has power of attorney over the debt. I'm just trying to get my facts straight. I asked if they have sent me anything through the mail because the last mailing I have regarding this debt was from a different CA. Again, I just want my facts straight. I'm trying to protect myself.

Anyway, then she starts telling me how I must have a problem with my mail and they have done all they legally need to do. And how it doesn't make sense to her that I am worried about giving anything over the phone because I just applied for fingerhut and I gave them my information. She starts reading my CR to me about how I applied for this on this date. I just hung up.

I tried several times to work something out and she just kept pushing and being rude. She said if I didn't give my email or pay over the phone that she would mark my account as a refusal to pay.

UGH I HATE LIFE!

Re: Do CAs monitor your credit for changes and pounce when they see them?

DiabolicallyRandom — Thu, 04 Apr 2013 18:07:01 GMT

What state do you live in? Its most likely its past SOL. It can longer be reported on your reports. I wouldnt let them bully me. I would send them a DV right away.

Re: Do CAs monitor your credit for changes and pounce when they see them?

Anonymous — Thu, 04 Apr 2013 18:13:13 GMT

Yes, CAs will pull your credit report to see if you are capable of paying based on new credit, bills being paid etc. Whether they can use this as a tactic to get you to pay is another thing and I am not sure if they can or not.

Harrassment is a violation of the FDCPA and it could well be.

If this debt was CO in 2005, even though it cannot be on your CR, they can continue to collect forever, unless you live in WI or MS. You can stop the calls and letters by sending a cease and desist. It won't stop them from sending it to another CA and you would have to do the same thing.

Don't let them bully you and don't give them any of your banking information.

As stated, send them a DV.

Re: Do CAs monitor your credit for changes and pounce when they see them?

Anonymous — Thu, 04 Apr 2013 18:21:01 GMT

I will pay this, whether it's a settlement or full balance. I'm not concerned about the continued collection attempts. I just want to make sure they can not report this to my credit or sue me. I live in Pennsylvania. I asked for the date on the account. She told me when it was opened and when the last payment was made. Then I asked for the delinquency and she said it was CO November 30, 2005. It was a CC. Just to be clear, this is outside of the SOL for reporting and suit??

Re: Do CAs monitor your credit for changes and pounce when they see them?

Anonymous — Thu, 04 Apr 2013 18:23:43 GMT

They can report for 7 years past date of last activity. You are well outside of the SOL and the timeframe for allowable reporting. If you do pay it, get it all in writing and keep it!!! Sometimes they will come back as another CA or even themselves again and want repayment??.... maintain evidence that you satisfied the debt!!!

Re: Do CAs monitor your credit for changes and pounce when they see them?

DiabolicallyRandom — Thu, 04 Apr 2013 18:24:43 GMT

Yeah, you are past the SOL in Pennsylvania, its typically 4 years. Given your current situation I wouldnt do anything more than settle with them, only what I was able to make a payment for, considering they can no longer report or sue. I definitely wouldnt enter into a payment agreement with them just in case it resets your SOL.

Re: Do CAs monitor your credit for changes and pounce when they see them?

Anonymous — Thu, 04 Apr 2013 18:29:16 GMT

@Anonymous wrote:
They can report for 7 years past date of last activity. You are well outside of the SOL and the timeframe for allowable reporting. If you do pay it, get it all in writing and keep it!!! Sometimes they will come back as another CA or even themselves again and want repayment??.... maintain evidence that you satisfied the debt!!!

It is 7.5 years from the DoFD. DOLA has nothing to do with reporting time.

Re: Do CAs monitor your credit for changes and pounce when they see them?

Anonymous — Thu, 04 Apr 2013 18:32:01 GMT

@Anonymous wrote:
@Anonymous wrote:
They can report for 7 years past date of last activity. You are well outside of the SOL and the timeframe for allowable reporting. If you do pay it, get it all in writing and keep it!!! Sometimes they will come back as another CA or even themselves again and want repayment??.... maintain evidence that you satisfied the debt!!!
It is 7.5 years from the DoFD. DOLA has nothing to do with reporting time.

How is DoFD determined though?? From when you first missed a payment and the bill was late then never paid again or from when the OC finally decides to CO??

Re: Do CAs monitor your credit for changes and pounce when they see them?

Anonymous — Thu, 04 Apr 2013 18:39:29 GMT

From the date of first delinquency that lead to the CO or collections.

If you became late in Mar 02 that is your DoFD. If you bring the account current in May 02 there is no longer a DoFD because you are current. Then in July 02 you become late again and never bring the account current and in Sep 02 they CO or send it to collections, July 02 would be your DoFD.

Re: Do CAs monitor your credit for changes and pounce when they see them?

Shogun — Fri, 05 Apr 2013 00:33:26 GMT

@Anonymous wrote:
Just got a call about an old charge off. I asked for the DoFD and she said the account was charged off from OC 11/30/2005. Is this outside of any possible SOL??? It was a credit card.

I am trying to rebuild and taking pride in clearing old debts so I answered the phone knowing it was going to be a CA. I asked about a settlement offer and was given one. Then I asked when I would need that amount by and I was told in two payments, the first being right then and there over the phone using my checking account. I was then told to hold so they could review my options. I was actually put on hold to be redirected to a supervisor who was very rude. I'm so sorry I even answered the phone. I am willing to pay but I can't pay $500 right now and not over the phone. I asked for the name of the CA and for the name of the Owner of the debt. She kept saying that her company has power of attorney over the debt. I'm just trying to get my facts straight. I asked if they have sent me anything through the mail because the last mailing I have regarding this debt was from a different CA. Again, I just want my facts straight. I'm trying to protect myself.

Anyway, then she starts telling me how I must have a problem with my mail and they have done all they legally need to do. And how it doesn't make sense to her that I am worried about giving anything over the phone because I just applied for fingerhut and I gave them my information. She starts reading my CR to me about how I applied for this on this date. I just hung up.

I tried several times to work something out and she just kept pushing and being rude. She said if I didn't give my email or pay over the phone that she would mark my account as a refusal to pay.

UGH I HATE LIFE!

What you have is commonly referred to as a "Zombie Debt." It is passed the SOL so they cannot take you to court, and it is passed the CRTP which means they cannot report it to your CR. Her marking your account as refusal to pay means absolutely nothing. You could send them a cease and desist and they could not contact you concerning this debt again.

If it were me dealing with this, I'd make the offer of maybe 20% and have them send me paperwork stating this debt was settled and now non-existent. There's really nothing more they can do about it, they can ask you to pay, but can not make you pay or report it.

Re: Do CAs monitor your credit for changes and pounce when they see them?

DaBears — Fri, 05 Apr 2013 00:40:28 GMT

@Shogun wrote:
@Anonymous wrote:
Just got a call about an old charge off. I asked for the DoFD and she said the account was charged off from OC 11/30/2005. Is this outside of any possible SOL??? It was a credit card.

I am trying to rebuild and taking pride in clearing old debts so I answered the phone knowing it was going to be a CA. I asked about a settlement offer and was given one. Then I asked when I would need that amount by and I was told in two payments, the first being right then and there over the phone using my checking account. I was then told to hold so they could review my options. I was actually put on hold to be redirected to a supervisor who was very rude. I'm so sorry I even answered the phone. I am willing to pay but I can't pay $500 right now and not over the phone. I asked for the name of the CA and for the name of the Owner of the debt. She kept saying that her company has power of attorney over the debt. I'm just trying to get my facts straight. I asked if they have sent me anything through the mail because the last mailing I have regarding this debt was from a different CA. Again, I just want my facts straight. I'm trying to protect myself.

Anyway, then she starts telling me how I must have a problem with my mail and they have done all they legally need to do. And how it doesn't make sense to her that I am worried about giving anything over the phone because I just applied for fingerhut and I gave them my information. She starts reading my CR to me about how I applied for this on this date. I just hung up.

I tried several times to work something out and she just kept pushing and being rude. She said if I didn't give my email or pay over the phone that she would mark my account as a refusal to pay.

UGH I HATE LIFE!

What you have is commonly referred to as a "Zombie Debt." It is passed the SOL so they cannot take you to court, and it is passed the CRTP which means they cannot report it to your CR. Her marking your account as refusal to pay means absolutely nothing. You could send them a cease and desist and they could not contact you concerning this debt again.

If it were me dealing with this, I'd make the offer of maybe 20% and have them send me paperwork stating this debt was settled and now non-existent. There's really nothing more they can do about it, they can ask you to pay, but can not make you pay or report it.

Coffee, COUGH, coffee..Hi Shogun

+1 I would offer 20%-25% send them a money order or certified check!!!!!

Re: Do CAs monitor your credit for changes and pounce when they see them?

Anonymous — Fri, 05 Apr 2013 01:13:28 GMT

How should I go about offering the settlement? I asked for a phone number and she refused to give me one saying that they do not accept calls. Or that their line, does not accept callbacks. I asked for an address and again she refused. When I asked who owned the debt first she tried telling me repeatedly that her company has power of attorney over the debt then she finally said "Asset" So I asked, "Just asset? No Inc. or corp.?" The last thing I want to do is call these people back. I found an address using google do I just send a settlement offer to the address I found on my own?

I want off this merry-go-round.

Re: Do CAs monitor your credit for changes and pounce when they see them?

Anonymous — Fri, 05 Apr 2013 01:17:59 GMT

She is saying they are Assest? Even for them this sounds a little shady.

I don't know of any CA that has Power of Attorney. They may have an agreement with the OC as to what they can do.

A CA that won't give you an address or phone number? It is sounding more like a scam.

What number did they call you from?

Re: Do CAs monitor your credit for changes and pounce when they see them?

Anonymous — Fri, 05 Apr 2013 01:26:14 GMT

@Anonymous wrote:
She is saying they are Assest? Even for them this sounds a little shady.

I don't know of any CA that has Power of Attorney. They may have an agreement with the OC as to what they can do.

A CA that won't give you an address or phone number? It is sounding more like a scam.

What number did they call you from?

She identified her company as Dynamic Recovery Solutions and would only say "Asset" when asked to identify the owner of the debt. I did some research and I'm wondering is she means Asset Acceptance?? So why not just say that? Caller ID said "COLLECT BILL" Number said 267-443-6341.

Re: Do CAs monitor your credit for changes and pounce when they see them?

Anonymous — Fri, 05 Apr 2013 01:28:07 GMT

That's the only Asset I know of. It just sounds too shady to me.

Scams like this happen all the time.

Re: Do CAs monitor your credit for changes and pounce when they see them?

Anonymous — Fri, 05 Apr 2013 01:33:05 GMT

I just did some research and found that this is probably a scam. Many people are getting calls from them about debt they never had and these people are threatening legal action and different things.

Re: Do CAs monitor your credit for changes and pounce when they see them?

Anonymous — Fri, 05 Apr 2013 01:37:15 GMT

That's what I said when she demanded payment by way of my checking account information over the phone. I was polite in my explanation. I explained that without something in writing through the mail I have no proof that she is who she says she is. So she asked for my email. I asked why she wanted it and she said so that she can send the proof. Umm, no. That's not proof. That's when she started talking about fingerhut and reading from my credit report saying how I sent THEM my information blah blah blah. I want to settle this debt once and for all but I'm not willing to do what this company is asking. Not to mention, this is all so shady I'd be worried that even if I did agree to their terms to settle this debt, that they'd sell the debt again and some new CA will come after me. I want this resolved.

Re: Do CAs monitor your credit for changes and pounce when they see them?

Anonymous — Fri, 05 Apr 2013 01:40:08 GMT

@Anonymous wrote:
I just did some research and found that this is probably a scam. Many people are getting calls from them about debt they never had and these people are threatening legal action and different things.

I have to do some research but I do believe this is a legit debt of mine but I want to make sure I am paying the debt not being swindled by a scam.

Re: Do CAs monitor your credit for changes and pounce when they see them?

Anonymous — Fri, 05 Apr 2013 01:42:25 GMT

Call Fingerhut and ask them. They may still have information.

If you do decide to pay, use a money order.

Re: Do CAs monitor your credit for changes and pounce when they see them?

Anonymous — Fri, 05 Apr 2013 01:48:36 GMT

Fingerhut has nothing to do with it. I applied for a fingerhut account last month as part of my credit rebuild. The CA that called me today must have been looking at my CR and was sort rubbing my nose in it by pointing out that she knew I had recently applied for fingerhut credit. She said something along the lines of, "if you can buy things there, you should be able to pay your debt to us."