HELP! ZOMBIE DEBT!

[Anonymous]

Hey guys, I've done my research and still I'm not sure if it has answered all my questions..

Here is what the case is...

Yesterday I received a letter from a collection agency stating they want to be paid for a dept that was disputed back in 2003.It hasn't been on my credit report and as of yesterday I checked and it has NOT appeared back on there...

I called the agency yesterday, Told them it has been disputed years ago, hasn't been on my credit report, asked them why I should pay it after they said they can't repost on my credit report and I said I MIGHT be willing to pay something minimal ( said that so they would just leave me alone, but I said MIGHT) Nothing was set up for payment during the call I said I would call back after I made some phone calls.

Now I know the SOL has run out and all that but my concern is that some say I messed up by calling, I am worried that call may have tricked me into saying the debt was mine. I want to know since I called them but didn't pay anything, can they put the collection back on my report, I'm very worried since I have worked very hard to get my FICO to 779 as of yesterday and don't want anything to mess this up....

Should I be worried?

Thanks.

[chasmith]

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@Anonymous wrote:

Hey guys, I've done my research and still I'm not sure if it has answered all my questions..

Here is what the case is...

Yesterday I received a letter from a collection agency stating they want to be paid for a dept that was disputed back in 2003.It hasn't been on my credit report and as of yesterday I checked and it has appeared back on there...

Now I know the SOL has run out and all that but my concern is that some say I messed up by calling, I am worried that call may have tricked me into saying the debt was mine. I want to know since I called them but didn't pay anything, can they put the collection back on my report, I'm very worried since I have worked very hard to get my FICO to 779 as of yesterday and don't want anything to mess this up....

Should I be worried?

Thanks.

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If they posted it to one or more CRAs with a re-aged DOFD (which is what they have done if the last activity of any kind was in 2003, DOFD would have been even earlier) they have an FCRA violation.  Do you have an old CR or other proof of when you first went delinquent?

It depends on law in your state but it's not likely you reset the SOL with your conversation but this points up the rule never to speak with a collector, work only in writing.

[Anonymous]

There was a typo in the first post, As of yesterday after speaking with the agency there is nothing on my report.

Thanks

[RobertEG]

Did the OC on this debt ever report to the CRA?  I dont mean now, I mean back in the time when it went delinquent with them?

The reason I ask is because if they did, they (the OC) was required at that time to have reported the DOFD on their account to the CRA under FCRA 623(a)(5). So that date would be posted in your credit file by the OC, and the CA cannot change that reporting.

There are rare circumstnaces where, if the OC never reported to your credit file and attempted to obtain the DOFD from the OC, but was unable to do so, the CA could have reported a DOFD to the CRAs, but ithe date they were permitted to report must have been prior to the date they received collection authority.

My suggestion is to file a written request with the CRA under FCRA 609 for the DOFD that was reported to your credit file under FCRA 623(a)(5), along with the source who reported this information to the CRA.  You are entitled to any information in your credit file, provided your request is accompanied by the fee under FCRA 612(f), which is currently $10.50.  That would dispell an questions of what has been reported, and by who.