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help please advise

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spritlife777
New Member

help please advise

it"s been a long time since I"ve been on before yesterday.You have given me great advice .There is a new problem now. I had an auto loan that I last made a payment  on 12/2004 balance of $20,192 It"s now 08/2011 and the creditor added another 6k plus to an already charge-off & profit loss account. T0 make matters worst transunion lower my fico score from 633 to 619 & my EQ/EXP has not changed from EQ 671 fico &  EXP 633 credit score. I"m being investigated for a Govt contractor job that wants me to promise to pay this debt if contacted by them. this is over 6years old and only 4months away from being removed from my credit report. Are they allowed to increase that debt after 6yrs & that federal contractor make me agree to pay. That seems wrong to me at this time.Finally I wrote a letter to OPM the investergator explain about NYS SOL laws after 6years on a note or contract about not having to pay or legally responsible or sued for that debt. what should/could I do next. thanks & take care.

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Anonymous
Not applicable

Re: help please advise

I'm a contractor also with a security clearance, so I went through the investigation process too. I had a number of bad debts that were long aged and ready to go. I had to give them permission to contact each one and promise to pay. With the help of a friend I wrote an explanatory letter to the investigator as to how the debts had occurred (Loss of a job, minimal income for a few years) and a promise to pay if and when I could.

I don't know if OPM actually contacted any creditors. I never really heard anything from them, and they were beyond SOL. The only one took any action was one who had a judgment, immediately contacted me to begin paying and eventually filed a wage garnishment despite my being in compliance with a payment agreement. But that's in the rear view mirror now.

The OPM investigator never did any followup to see if I paid anyone and I never saw any hard or soft inquiry activity on my credit reports beyond their initial investigation. YMMV.

 

EDIT: Are you sure the new 6K added on is not for court costs or a judgement? Other than that I don't know about the legality of them adding costs to a charged off account.

Message 2 of 3
RobertEG
Legendary Contributor

Re: help please advise

As a former federal executive who managed a security group where all employess were required to have at least a confidential level clearance, the vast majority a secret clearance, and a handful requiring a top secret clearance, I was involved almost daily with security investigation and clearance issues.

Most background investigations (BIs) are directed at two things.  Number one, honesty in disclosure, and two, a review of your available records.  Presence of old, unpaid debt, has two potential derogatory aspects.  One, it may subject you to compromise if its payment is still required, and two, it reflects negatively on your moral character.

 

As for honesty in disclosure, you take your chances when you withold anything or miss-state the facts.  In your BI application questionnaire, you will probably be asked if you have any old, unpaid debts.  Or the investigator, in his interview, may pose that question.  If you answer no  based on its exclusion from your CR due to its age, you take a chance.  Chances are he will only be able to obtain access to that information from your CR, so you may be able to dodge it.  That is particularly true if the BI is only for the grant of a confidential clearance, for those do not do in-depth investigations beyond the normal sources.  However, if the clearance sought is for a secret or top secret clearance, the BI is usually a bit broader, increasing the chances of the information being discovered from sources outside of the four walls of your CR.

 

As for the impact of the bad debt, other than its reflection on your character, if it is no longer legally collectible due to expiration of its SOL, the issue of potential compromise based on this debt is pretty much gone.  So I am not sure why the investigator would be very concerned about its future payment status.  There is really no compelling reason for him to require payment as it regards your susceptibility to cooercion.  Maybe he is just testing your moral character by "requiring" its payment.  I dont see that as being a show-stopper.

Be honest, and realize the potential downside if any dishonesty is detected.

 

As for accrual of interest on an unpaid debt, your contract with the creditor most likely included, in your initial account agreement, to such a stipulation.  Most states place interest level ceilings on unpaid debt, so the amount is regulated, but the bottom line is they have not received the money they lent, and are normally entitled to interest on their unpaid debt.  Check out your state civil code on unpaid debt.

 

 

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