7 year credit report limitation?

[mvallez]

I received a call yesterday from someone from an unknown number.  They asked if they were speaking to someone with my name, once I said yes, they transferred me.  No one told me who they were until I asked a couple times.  They said they were from IMC credit services and I owed something like 2000 dollars to them.  They did not give me a specific number.  I asked what I owed the money for, and they said they had sent out three bills previous to their phone call.  I told them I never received them, then asked for them to resend me a bill since I had no idea what I owed them money for.  The woman on the phone then got testy with me, saying she was not going to send me a bill since they already had, and wanted to handle matters over the phone immediately.  I told her I  was not just going to blindly give someone money over the phone without any idea what I owed them money for.  Does my request for a bill count as asking for debt validation?

Also, I told her that whatever debts she was claiming I had did not show up on my credit report, at least the ones available from Capital One Creditwise or Credit Karma.  She insisted that they should, or that they would be on there soon.  I checked my report again, and there was nothing...until I checked last years report.  My (admittedly long winded) question is this...did me speaking to them on the phone and acknowledging my identity allow them to restart the seven year limit for keeping it on my credit report?  I have googled it, but get conflicting answers.

[RobertEG]

First, the debt collector initiated an initial communication with you,and thus triggered their requirment to send you a written collection ("dunning") notice within 5 days of that call. See FDCPA 809(a).

 Whenever a debt collector makes an initial communication, simply inform them that you will await their written collection notice, and terminate the coversation.

As for credti report exclusion of any collection they may report, the exclusion date of a reported collection is based ONLY on the DOFD, and no other date. See FCRA 605(c).

No, you did not reset the running of the exclusion period, which has a maximum exclusion date of no later than 7 years plus 180 days from the DOFD.

If/when any debt collector reports a collection,they have a statutory requriement to also report the DOFD no later than 90 days after reporting of the collection.  See FCRA 623(a)(5)

There is no "conflict" on running of the credti report exclusion period based only on DOFD.  It is clearly established statutory and case law.

[RonM21]

OP, also be careful as there are many scammers currently trying these tactics over the phone, more or less trying to scare people so much that they offer up their info and lose sight of the fraud thst could be taking place.

I'm not.saying this is definitely what happened here, but the them getting testy when asked to validate info is a sign. Thats how scammers usually react because they realize they may not be able to get you to fall for it because your smart enough to ask the right questions.

[Anonymous]

Watch out they don't ask any questions to confirm your identity. Scaring you into thinking you owe a debt and then extracting your SSN, address, etc., so they can actually commit identity theft or some such. 

[Anonymous]

It kind of sounds like a scam, but also from what you're saying it sounds like there is a good chance it is your debt. Do you have old accounts that you didn't pay?

[takeshi74]

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@mvallez wrote:

Also, I told her that whatever debts she was claiming I had did not show up on my credit report, at least the ones available from Capital One Creditwise or Credit Karma.  She insisted that they should, or that they would be on there soon.  I checked my report again, and there was nothing...until I checked last years report.  My (admittedly long winded) question is this...did me speaking to them on the phone and acknowledging my identity allow them to restart the seven year limit for keeping it on my credit report?  I have googled it, but get conflicting answers.

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You'll always find conflicting info on the internet.  You need to be able to consider your sources, validate and corroborate.  Don't overlook the Rebuilding subforum and its stickies.

Valid debts aren't necessarily always on your reports so don't rely on that assumption.

[Berk]

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@RobertEG wrote:

First, the debt collector initiated an initial communication with you,and thus triggered their requirment to send you a written collection ("dunning") notice within 5 days of that call. See FDCPA 809(a).

 Whenever a debt collector makes an initial communication, simply inform them that you will await their written collection notice, and terminate the coversation.

.

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I cannot stress this enough. Only tell them that you will await their written collection notice and then hang up. Do not tell them who you are or admit anything. DO NOT give them your address. If this is a legit collection they have it on file anyway. As others have said, there are many scams out there and they use some very extreme tactics such as threatening to turn you over to their legal department, taking your house, ruining your credit, etc. Also, there are Zombie debt collectors out there who will really try to pressure you into making payments on any outstanding debt you may have. They use much the same tactics. Treat them all the same - ask for a letter and then hang up. Do not engage them in conversation. The longer you talk the better the odds that you will give them valuable info they can use either by intimidation or inadvertence. I have a 30 year old debt that I disputed 30 years ago and never paid. In the past 10 years I have received multiple phone calls regarding this debt. Every time I tell the collector to send me a letter they claim to have sent one 30 days ago to which I reply "send another, I never received your first one." When they ask for my address I tell them that they should have it on file and then end the phone call. I generally never hear from them again and never receive a letter - until, of course, the debt gets sold again. I had about two or three years of no activity and here recently it has started again. And let me tell you, they get downright rude and obnoxious too. Stand your ground, don't give in, and you will be fine.