Collection Agency did a HP way past SOL...options?

codesingh · ‎03-28-2013

There is 9 year old debt that this company is trying to collect from me. The SOL has been reached and over 2 years. How can I deal with this?

Can I just call TU and tell them about this unauthorized HP? It is just HP which ate down 2 of my FICO score points.

~ 100k in Rev CC. 15k Credit Line. 16.5k Car Loan(@1.7%) Starting scores: 690 EQ (Dec 2012) Mid-year FICO scores April ‘13 Pulled by lenders(Barclays, Amex): TU 747 • EQ 752 • EX 746 • Scores As of Nov 2013: 740 and above across the board.

Anonymous · ‎03-28-2013

They have PP to do a HP. Debt never goes away and they can attempt to collect forever. There are 2 states, WI and MS, where when the SOL has expired, so has the debt. If you live in either of these states you could probably fight it.

codesingh · ‎03-28-2013

Thanks guiness56 that helps.

~ 100k in Rev CC. 15k Credit Line. 16.5k Car Loan(@1.7%) Starting scores: 690 EQ (Dec 2012) Mid-year FICO scores April ‘13 Pulled by lenders(Barclays, Amex): TU 747 • EQ 752 • EX 746 • Scores As of Nov 2013: 740 and above across the board.

0x47 · ‎03-28-2013

It might be PP, but it might also be harassment? Would there by any value in sending a C&D letter?

codesingh · ‎03-29-2013

What is a C&D letter?

~ 100k in Rev CC. 15k Credit Line. 16.5k Car Loan(@1.7%) Starting scores: 690 EQ (Dec 2012) Mid-year FICO scores April ‘13 Pulled by lenders(Barclays, Amex): TU 747 • EQ 752 • EX 746 • Scores As of Nov 2013: 740 and above across the board.

Anonymous · ‎03-29-2013

C&D - Cease and desist. It means they cannot contact you at all about the debt. However, there is nothing stopping them from sending it to another CA and the same thing happening again.

Unpaid debt stays around forever and is collectable forever unless you live in WI or MS.

RobertEG · ‎03-29-2013

The FDCPA only authorizes the consumer to instruct the debt collector to cease communication with them. FDCPA 805(c).

It does not authorize a consumer to require a debt collector to "cease and desist" other legitimate collection activities.

Reviwing a consumer's credit report for the purpose of their collection on a debt is a clear permissible purpose under FCRA 604.

That is, in my opinion, a legitimate collection practice, not harassment.

The option to discontinue that permissible purpose is to satisfy the debt.

Anonymous · ‎03-31-2013

I know debt never goes away etc etc, but i would still contest it with tu. Thats me i reckon. I would tell tem the original account is way way past seven years old, and i would bet they will remove it. Could be wrong and i know people will argue with me, but i would still take that route and see what happens.