topic Re: Very old debt - Help in Rebuilding Your Credit

Very old debt - Help

Anonymous — Sun, 16 Mar 2014 17:37:54 GMT

I have been a long time lurker, but am posting today because I awoke to some frustrating news.

I have had a decent credit score that has been increasing for the past 2 years and was at 770 in February. I just checked today and noticed an old debt had popped up. It states that it was placed for collection in July '13 and was for Comcast originally. The last time I had comcast was in 2007 and I vaguelly remember disputing an ammount they said I owed. If I remember correctly I had moved out before the charges had occured. Needless to say it was nearly 7 years ago and I remember little of the details.

My question now stems from what to do. Its $250 and I dont really want to pay on principle, that being said the headaches alone talkign about a 7 year old debt may be worth paying. I am guessing the SOL may have run out on this as well, but thats why I am reaching out to this forum. But does SOL even help with it getting off my credit score which is more important to me than anything.

I just found the information this morning and no one from the CA has contacted me. So my question is should I start by calling? Do I have anything from a SOL standpoint? Should I just send a PFD letter for 150$ just to get it out of my hair? Any information, advice, or suggestions would be greatly appreciated.

Thanks,

Ryan

Re: Very old debt - Help

RobertEG — Sun, 16 Mar 2014 18:03:19 GMT

The credit report and credit scoring issue is simple.

The debt collector was required to obtain the DOFD on the OC account, and report that DOFD to the CRA within 90 days after reporting their collection.

That date, and that date alone, is then used by the CRA to monitor how long the reported collection can remain in any credit report they issue.

Once a period of 7 years plus 180 days has expired from that reported DOFD, the CRA must then exclude the collection from any credit report they issue.

So you have a date-certain for credit report exclusion.

If your last deaing with the OC was in 2007, the DOFD would likely be then or prior, and credit report exclusion would appear imminent.

Yuo could thus simply wait for CR exclusion, making any PFD moot.

Paying the debt is a separate issue.

I'm not sure of what the "principle" is behind not paying the debt, but it remains an asserted debt until discharged.

Expiration of SOL means they cant get a court judgment ordering its payment, and expiration of the CR exclusion period means others wont be able to become aware of the unpaid debt via a simply pull of your credit report.

Why then pay?

The debt collector can continue to call. You can choose to then send them a cease communication letter under FDCPA 805(c), but that extends only to communications.

They can still continue other legal actions, such as pulling your credit report.

If ever asked by a future creditor for disclosue any unpaid, delinquent debt, you would be obligated to disclose it to them. That could become a basis for denial of credit.

Finally, if you apply for credit in the amount of $150K or more, the prospective creditor can request and receive a full-file credit report, which would include all derogs in your file, including any that are normally excluded. Credit report exclusion is not absolute.

It is always best, aside from $ out of pocket, to have no unpaid, delinquent debt.

Once they lose ability to sue and to show their collection in your CR, they may be willing to accept substantially less than the full debt as satisfaction.

Re: Very old debt - Help

NoMoreDebt — Sun, 16 Mar 2014 18:11:52 GMT

Had something similar happen to me last month. I pulled all 3 reports and saw a collection on 2 of them that was added 3 months prior from enhanced recovery in the amount of $49.01 from AT&T service I had around 6 years ago.

I have been at the same address this whole time and never recived a letter or call from AT&T stating I owed any money after cancelation of service.

I disputed the collections on both reports and filed a claim with the CFPB stating those facts and saying I wanted the false slanderous tradeline removed and it was removed from both reports within 2 days by request of enhanced recovery. YMMV

Re: Very old debt - Help

Anonymous — Sun, 16 Mar 2014 18:23:28 GMT

Thanks for the info.

I guess the "principle" is that I do not owe it. I am not sure how I prove I do not owe it since it was 7 years ago. I vaguely remember stating I moved after all charges were placed and then OC did not ever contact me again, so I assumed it was taken care of.

I guess the advice im searching out is how do I get it off my report. I have not seen it on my report for nearly 7 years not knowing that the OC even thought I stilled owed it. Then it pops up and now it states it wont come off for 7 years. I dont want to pay it and have it sit on there for 7 years. I will pay just to get it out of my hair and not harm my score, but I dont want to pay and have it sit on my report.

I can attempt to send a letter for deletion but who would I send it to?

Re: Very old debt - Help

gdale6 — Sun, 16 Mar 2014 21:11:39 GMT

@Anonymous wrote:
Thanks for the info.

I guess the "principle" is that I do not owe it. I am not sure how I prove I do not owe it since it was 7 years ago. I vaguely remember stating I moved after all charges were placed and then OC did not ever contact me again, so I assumed it was taken care of.

I guess the advice im searching out is how do I get it off my report. I have not seen it on my report for nearly 7 years not knowing that the OC even thought I stilled owed it. Then it pops up and now it states it wont come off for 7 years. I dont want to pay it and have it sit on there for 7 years. I will pay just to get it out of my hair and not harm my score, but I dont want to pay and have it sit on my report.

I can attempt to send a letter for deletion but who would I send it to?

If this is true its been re-aged, which is illegal, I would file an immediate DV with the CA and file a dispute with the CRAs demanding it be corrected to report correct info with a DOFD in 2007, if it comes back verified I would then file a CFPB complaint. If you dont owe it legit, I would not pay it nor make an PFD offer.

Re: Very old debt - Help

Anonymous — Sun, 16 Mar 2014 21:52:01 GMT

Even if the DoFD was in 2007, depending on when in 2007, it could still be on your report until the end of the year or even early 2015.

Re: Very old debt - Help

Anonymous — Wed, 19 Mar 2014 03:44:14 GMT

Yes, it could still be on there. Below is whats on my report. It popped on my report just recently (I am guessing 2/20 since it wasnt on there in January) and had never been on there before this. They havent sent me anything or called me. As mentioned I have not had comcast since Sept 2007.

Placed for collection:07/29/2013 Responsibility:Individual Account Account Typepen Account
Loan Type: COLLECTION AGENCY/ATTORNEY
Balance: $256 Date Updated:02/20/2014 Original Amount:$256
Original Creditor: COMCAST (Cable/Cellular)
Past Due: >$256< Pay StatusIn Collection<

Remarks:
ACCT INFO DISPUTED BY CONSUMR; >PLACED FOR COLLECTION<
Estimated month and year that this item will be removed:
03/2020

So my next steps are what? I was thinking I would call the CA tomorrow and try and get info from them... is this a bad idea?

You guys say I should just fill out a DV and then wait? I have never had to do any of this just want to make sure I am going about this in the right way.

Is there any good in reaching out to Comcast?

Re: Very old debt - Help

Anonymous — Wed, 19 Mar 2014 03:50:25 GMT

Since it is a fairly new debt, I would contact Comcast and ask if you pay them will they recall the debt from the CA. Try to get it in writing if they say they will. This will mean the CA must remove their reporting.

Re: Very old debt - Help

NWintellectual — Wed, 19 Mar 2014 03:55:00 GMT

I just got through dealing with some old charged-off Comcast accounts (one from my last apt in CA and the other from my parents house I let them sign up with my name). In both cases I called Executive Customer Relations (who can be reached through the corporate office in Philly) and offered to pay the accounts in full if they would withdraw the collections and they agreed. Given the age of this account, it might be a little more difficult to track down but I would still give them a shot first. Mine were 1 and 3 years old, respectively so YMMV.

If Comcast can verify the account with the dates you mentioned, you just got the smoking gun to prove re-aging. If not, then you can go the DV and dispute route. In your case I would not offer payment, just ask for the last 2-3 billing statements on the account. That will demonstrate the DOFD.

Re: Very old debt - Help

RobertEG — Wed, 19 Mar 2014 06:47:58 GMT

Sending a DV and waiting for a response may or may not get you anything useful.

If your DV is timely, meaning sent prior to the 30 day perod set in any dunning notice, it invokes a cease collection bar, thus preventing further active collection until such time as they choose to respond. They have no time period or requirement to respond. It can thus simply remain with no additional info.

If they do respond, they are not required to provide documentation or prove the legitimacy.

They must investigate and determine, based on that investigation, that they have basis for verification of the debt.

You could get lucky, as they might rspond promptly, and might provide prior billing statments that you could use to show DOFD, but I would not count on it.

The better procedure might be to send a direct dispute of the reported DOFD, which you may be able to show was back in 2007.

That will require some documentation of dates of prior account activity, billing, etc. to establish some basis for asserting a DOFD.

While correcting the DOFD may not yet result in CR exclusion until 7 yrs plus 180 days from that date, it will at least give a date within the next year or so.

To get deletion now would require one of two things. Either offer a PFD, and thus pay for its deletion, or bring legal action and prove the debt is not legit.

Neither the DV nor the dispute process will obtain a factual finding of contesting legitimacy of the debt if they verify.

While I agree with the unfairness of waiting so long to assert a debt, what they have lost is the ability to bring legal action and obtain a judgment.

That does not extend to preventing them from reporting to the CRA or exclusion of any such reporting until the CR exclusion date has passed.