ASAP2, I am no authority, and agree that Tuscani or Noah_Bodie would be best to advise you. I do have a couple of questions, however. You're sure this was deleted? You have a previous agreement, preferably in writing, between yourself and the original creditor or collector that this would be deleted? If you do, you need only send proof of this to the CRAS, by registered mail, return receipt requested. Send copies only. Never send originals. Keep copies of everything you send, and remember, agreements made by phone conversations are next to never honored or upheld. Paper trails are of utmost importance. You might begin compiling that now by send the CRA a MOV letter. Noah_Bodie has lots of really useful information on the same in one of his posts. Just type MOV into the site's search engine.
I don't know that a Debt Validation letter will help you much, at this point, as you and the OC seem to be in agreement that you owe this debt, as you haven't indicated that it's been paid, but obtaining a debt validation might help you to determine when the date of last activity was as well as when the last payment was made, and whether this account is listed with the OC as open or closed. You have indicated that a recent 120 day late derogatory has been placed on your credit report, which doesn't mesh with what you said about this account being deleted last year. A DV might also help to clear up this discrepancy. Do you know if this amount was charged off?
I am assuming this account was not paid off, and because it ran 120 days late it may be reporting twice -- once from the original creditor and once from the collection agency it was assigned to. Check to see if the account is being reported by only one entity -- the original creditor, or two -- the original creditor and a collection agency, which I believe is permissible, if in fact there was no binding agreement between you and the OC as to the deletion of this account.
In the past I have had many things report twice on my reports, that were turned over to collections, and there was little I could do about it. If only I'd have known then, all that I know now, I might have paid for a delete, which is another thing you can do.
If the original creditor still holds the debt (didn't sell it to a collection agency), or if the original creditor assigned the debt to a collection agency, you might try a PFD through the original creditor. Talk to the OC first to determine if it would be possible to pay the balance due in exchange for a delete of this information from your credit file. If the OC agrees, get the agreement in writing BEFORE YOU PAY ANYTHING. If the OC says that they no longer hold this account as it's been assigned or sold to a collection agency, call the CA and ask for a PFD. Again, get whatever agreement you make for a PFD in writing. That way, if it were to appear on your credit reports again, you'd have proof that the creditors agreed to delete the file upon payment. Keep your receipts for the payment, as well.
Again, as I said, I am no authority. I am only just beginning to learn this stuff, myself. I am certain, however, that if I have misinformed you, one far more experienced than I will surely correct me and assist you. In the meantime, hang in there and read the posts regarding DVs, MOVs and PFDs, which should give you pretty good idea of what course of action to take, at this point.
Godspeed.
Message Edited by MercyMe on 06-04-2007 07:30 PM
Message Edited by MercyMe on 06-04-2007 07:31 PM
PS: SOL is Statute of Limitations.
Message Edited by MercyMe on
06-04-2007 07:34 PM
