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Collection Letters from Entities That Are Not on Credit Report

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Anonymous
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Collection Letters from Entities That Are Not on Credit Report

I pulled all of my credit reports in January. My credit reports show basically all the same things, real old bills that I did not pay and no current credit history. However, I have several bills on hand that are not listed on any of my reports.

 

All of them are valid and I am going to pay them within the next few months. Obviously, I cannot send these companies Pay for Delete letters because they are not listed on any credit report. My question is what affect, if any, will paying these bills have on my credit?

 

(I know I pretty much just answered my own question but I am very new to this and I want to do things right.)

Message 1 of 19
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Anonymous
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Re: Collection Letters from Entities That Are Not on Credit Report


@Anonymous wrote:

@Anonymous wrote:

If you've managed to get free and clear of that SoL...


Okay, I took a couple steps back and regrouped before I posted this. You have given me a lot of information and I greatly appreciate that. If I am understanding you correctly, the most strict Statute of Limitation is Iowa's (five years). So if the Date of Last Activity is earlier than February 2004, the statute of limitations has run out and this debt is moot. Correct?

 

Right. They're also the ones that have an SoL that once you've been slammed with a judgment, gives the plaintiff 20 years to begin proceedings for garnishment or levying. Plus, the judgments are renewable (which means they can plunk it on your reports AGAIN after 20 years).

 

Too, they're warm and cuddly in the fact that simply acknowledging ownership of the debt (albeit in writing) can reset the clock IF the SoL's not yet expired.

 

All that means is that if the SoL still has 2 months to go and you admit in writing that it's your debt, you start the clock all over again and it's ANOTHER 5 years before the SoL lapses. I don't think that's an issue in your case, though.

 

In order for me to find out the correct Date of Last Activity, I can contact Intrust but it would be best to send a Debt Verification letter directly to the current collection agency, Marcus S. Gerald & Associates, Inc. Correct?

 

DV the CA reporting (or rather, in this case, the scum-sucking bottom feeder who's been harassing you). Chances are, the OC (Intrust) has possibly sold this debt to the reporting CA, since it's so old.

 

Contacting either Intrust or the collection agency does not affect the Date of First Deliquency but would that constitute a new "Date of Last Activity"? ...or is "activity" referring to payment or financial activity and not correspondence activity?

Message Edited by cl5776 on 02-10-2009 11:26 AM

As long as you do NOT admit to the debt (never, ever do that) or promise to pay it, you should be completely above board and have no problems!!

 

As re Iowa statutes re SoL, "Last Activity" means both, IF correspondence involves admission of ownership or a promise to pay or a payment arrangement or a payment. However, if you contacted them just to say "Bite me," it would NOT affect the DOLA. 

Message 15 of 19
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Anonymous
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Re: Collection Letters from Entities That Are Not on Credit Report

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Message 2 of 19
Anonymous
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Re: Collection Letters from Entities That Are Not on Credit Report


@Anonymous wrote:

I pulled all of my credit reports in January. My credit reports show basically all the same things, real old bills that I did not pay and no current credit history. However, I have several bills on hand that are not listed on any of my reports.

 

How old are these bills that aren't showing up on your CRs? That's the $64M dollar question! If they're older than 7 years, than obviously, they should NOT be reporting. If they're recent, it could just be that the OC (original creditor) or CA (collection agency) hasn't fulfilled the standards for reporting yet (they DO have to notify you prior to plunking a collection on your CRs).

 

All of them are valid and I am going to pay them within the next few months. Obviously, I cannot send these companies Pay for Delete letters because they are not listed on any credit report. My question is what affect, if any, will paying these bills have on my credit?

 

If you pay them under an agreement to delete the file without EVER reporting, no effect on your FICOs. You'll have to have them sign an agreement stating that they agree to accept your payment with the proviso that they do NOT report at ALL to the CRAs.

 

If you pay them without an agreement such as the one outlined above, and they DO report (but report as "Paid" ) it will tank your score further, since FICO will see the collection as a "new" one.

 

(I know I pretty much just answered my own question but I am very new to this and I want to do things right.)


Bottom line: I'd wait until they send you a "dunning" letter; then DV (debt validate) them (meaning, demand proof that it IS your debt and exactly how much to pay). Then you can offer them a PFD (or in this case, pay them to NEVER report), if they're actually able to validate the debt or if they can't, tell them to pound sand.
Message 3 of 19
Anonymous
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Re: Collection Letters from Entities That Are Not on Credit Report


@Anonymous wrote:

How old are these bills that aren't showing up on your CRs? That's the $64M dollar question! If they're older than 7 years, than obviously, they should NOT be reporting. If they're recent, it could just be that the OC (original creditor) or CA (collection agency) hasn't fulfilled the standards for reporting yet (they DO have to notify you prior to plunking a collection on your CRs).

 

If you pay them under an agreement to delete the file without EVER reporting, no effect on your FICOs. You'll have to have them sign an agreement stating that they agree to accept your payment with the proviso that they do NOT report at ALL to the CRAs.

 

If you pay them without an agreement such as the one outlined above, and they DO report (but report as "Paid" ) it will tank your score further, since FICO will see the collection as a "new" one.

 

Bottom line: I'd wait until they send you a "dunning" letter; then DV (debt validate) them (meaning, demand proof that it IS your debt and exactly how much to pay). Then you can offer them a PFD (or in this case, pay them to NEVER report), if they're actually able to validate the debt or if they can't, tell them to pound sand.

 

 

 

Thank you very much.  Here is the breakdown: There are nine (9) bills that I have in my possession that are not listed on my credit report. All of them are from last year except for two that are from last month. I just dug a bit deeper and one of them is from a credit card that I had back in college, almost 15 years ago.

 

I do not remember exactly when I cancelled or stopped using the card but I know it has been well over seven years. The only problem is that I contacted the collection agency assigned to this bill and the original creditor last month when I started clearing all of this up. Does that start the clock all over again? From what I have read from the site, if the Date of First Deliquency is over seven years, the issue should not be on my report. Am I understanding this correctly?

 

The other eight bills current. The dollar values are anywhere from $8.97 to $529.55. This also includes a settlement offer I discussed in another thread: http://ficoforums.myfico.com/fico/board/message?board.id=rebuildingcredit&thread.id=49150

 

The bills vary in style from just a regular invoice to a second notice of collection. For these eight, I do not know if I feel comfortable asking for a Debt Verification since I know all the charges are my own. If a creditor or a collection agency does not respond to a Debt Verification letter, especially if the debt is not on any of my credit reports, do I deem these amounts not verified and do not pay them?

 

I am already tailoring the Pay for Delete letters to fit my specific situation. Since a creditor or a collection agency does not have to respond to or accept a Pay for Delete letter, what is to stop them from taking the information that they now have and throwing the amounts on my reports?

 

Again, thank you for the information. I read your signature line and I would like to be in your (and your husband's) shoes one day.

Message 4 of 19
Anonymous
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Re: Collection Letters from Entities That Are Not on Credit Report

I almost forgot to ask. The collection letter I received on the old credit card charge, can the current collection agency sell my debt to someone else and start the seven year clock all over again or does the Date of First Deliquency trump everything?
Message 5 of 19
Anonymous
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Re: Collection Letters from Entities That Are Not on Credit Report


@Anonymous wrote:
I almost forgot to ask. The collection letter I received on the old credit card charge, can the current collection agency sell my debt to someone else and start the seven year clock all over again or does the Date of First Deliquency trump everything?



NO, absolutely NOT. And believe me, a CA (collection agency/agent) WILL try to tell you that they can re-age your debt 'til the end of time (that's how they fool a LOT of people into paying otherwise too-old-to-collect-debts -- also known as "Zombie Debts" ). That's against the law. BIG time.

 

IF the debt's out of SoL (see post below) and IF you can prove it, send them a Eff-off and DIE letter.

Message Edited by Wonderin on 02-10-2009 09:58 AM
Message 6 of 19
Anonymous
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Re: Collection Letters from Entities That Are Not on Credit Report

Yes. Thank you. I am referring to the 15 year old charge. That is a load off of my mind because that is a $591.23 charge. Thanks for that information. I have some more questions in my previous post. Can you give your opinions on those?

Message 7 of 19
Anonymous
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Re: Collection Letters from Entities That Are Not on Credit Report


cl5776 wrote: 

 

Thank you very much.  Here is the breakdown: There are nine (9) bills that I have in my possession that are not listed on my credit report. All of them are from last year except for two that are from last month. I just dug a bit deeper and one of them is from a credit card that I had back in college, almost 15 years ago.


I do not remember exactly when I cancelled or stopped using the card but I know it has been well over seven years. The only problem is that I contacted the collection agency assigned to this bill and the original creditor last month when I started clearing all of this up. Does that start the clock all over again? From what I have read from the site, if the Date of First Deliquency is over seven years, the issue should not be on my report. Am I understanding this correctly?

 

For that CO, you need to know two things: when was the last EXACT (or as near as you can figure) DOLA (Date of Last Activity)? That determines whether the debt is within SoL or not (meaning, whether or not you can be sued for the debt). We REALLY need to know when the DOLA was and what state you 1) incurred the debt and 2) what state you reside in now.

 

From there we can figure out how likely it is that they can legally sue you. Trust me, this is FAR more important than knowing when it's supposed to fall off your CRs. Plus, whether or not contacting them (especially either making payment arrangements or admitting ownership of the debt) has reset your SoL (restarted the clock on how long they can take legal action on the debt).

 

DOFD decides the Credit Reporting Time Period. AKA, how long it can stay on your CRs. It's a double-edged sword, though, since even if the debt falls off your CR, IF the SoL is longer than the CRTP (7.75 years), they can attain a judgment against you in court and therefore replace that old CO tradeline with a spanking new judgment/public record. Essentially, they could file after the 7.75 year CRTP (if the applicable state's SoL allows it) and give you another 7 year's worth of grief in the form of a judgment.

 

The other eight bills current. The dollar values are anywhere from $8.97 to $529.55. This also includes a settlement offer I discussed in another thread: http://ficoforums.myfico.com/fico/board/message?board.id=rebuildingcredit&thread.id=49150

 

I didn't see that one ... I'll take a look-see in a moment and reply in that thread.

 

The bills vary in style from just a regular invoice to a second notice of collection. For these eight, I do not know if I feel comfortable asking for a Debt Verification since I know all the charges are my own.

 

Ownership of the debt isn't the only reason you DV. You want to make absolutely sure of several things: 1) IS it your debt? 2) Can the CA contacting you LEGALLY collect this debt, since debts can change hands several times throughout it's life (another regular here got royally *blanked* when he paid the wrong CA for a debt THEY claimed they could collect -- he ended up paying TWICE for the SAME debt) and 3) EXACTLY how much DO you owe?

 

Only a DV can disclose that information. Never, ever, EVER trust a CA at face value.

 

If the bills are still in "invoice" stage, I'd call them and pay them. Especially if they've not gotten to the CA stage yet. If they ARE in a CA's hands, DV them immediately. Then pay them in exchage for NOT reporting.

 

You should receive a "dunning letter" at some point that will threaten to plunk this debt on your CRs within a specified amount of time (can't remember if the threat is 5 days or 30 days). When you get THAT letter, pay them ASAP if you can -- but AFTER you've DVed. That's the best way I know to keep their grubby hands off your CRs.

 

 

If a creditor or a collection agency does not respond to a Debt Verification letter, especially if the debt is not on any of my credit reports, do I deem these amounts not verified and do not pay them?

 

Yup. But you have to keep copies of EVERYTHING and send all DVs CMRRR (Certified Mail, Return Reciept Requested). Always, always, always, keep a paper trail.

 

I am already tailoring the Pay for Delete letters to fit my specific situation. Since a creditor or a collection agency does not have to respond to or accept a Pay for Delete letter, what is to stop them from taking the information that they now have and throwing the amounts on my reports?

 

Unfortunately, nothing stops them. However, if the debt is really old, it's usually in their best interests to accept a PFD. Their biggest concern is getting their money. And if the debt's not large enough tobe worth taking to court over and they feel that you don't really care THAT much about it being on your CRs, they'll usually accept. Some will, some won't.

 

The rule of thumb is that credit card OCs (original creditors) won't PFD. CAs often will.

 

Again, thank you for the information. I read your signature line and I would like to be in your (and your husband's) shoes one day.


Well, it wasn't easy bringing his scores up, but we were renting for soooo long and the market here had declined so harshly, that it was the perfect time to buy. So I worked my tail off. Smiley Wink

 

And if **I** can do it, so can YOU!!! Smiley Happy

Message 8 of 19
Anonymous
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Re: Collection Letters from Entities That Are Not on Credit Report


@Anonymous wrote:

Yes. Thank you. I am referring to the 15 year old charge. That is a load off of my mind because that is a $591.23 charge. Thanks for that information. I have some more questions in my previous post. Can you give your opinions on those?




Wait just a tick ... I thought that when you said a "15 year old" debt, you mean one that had been unpaid for 15 years. The Date of Last Activity is what we need here. BIG time. In order to figure out whether or not you can take that load off your mind.

Please see the previous post I wrote regarding SoL. We need the applicable states (where debt was incurred and where you reside NOW) to figure it out.

Also, when you contacted the creditor or CA, did you in ANY way admit the debt's yours? Make ANY payments or payment arrangements??

Holler back!!
Message 9 of 19
Anonymous
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Re: Collection Letters from Entities That Are Not on Credit Report


@Anonymous wrote:

@Anonymous wrote:

Yes. Thank you. I am referring to the 15 year old charge. That is a load off of my mind because that is a $591.23 charge. Thanks for that information. I have some more questions in my previous post. Can you give your opinions on those?




Wait just a tick ... I thought that when you said a "15 year old" debt, you mean one that had been unpaid for 15 years. The Date of Last Activity is what we need here. BIG time. In order to figure out whether or not you can take that load off your mind.

Please see the previous post I wrote regarding SoL. We need the applicable states (where debt was incurred and where you reside NOW) to figure it out.

Also, when you contacted the creditor or CA, did you in ANY way admit the debt's yours? Make ANY payments or payment arrangements??

Holler back!!

I made no admission at all. The letter I received from the collection agency (Malcolm S. Gerard & Associates) is pretty generic and only has an account number, an amount due, and the original collection agent (Portfolio Recovery Association).

 

I contacted the current collection agency and asked to speak to someone about this account. I was transferred to some guy.I asked him if there was any record of this debt actually belonging to me. He said, "look at your credit report. It is on there." I told him no it is not. He then repeated that I should look at my credit report and there is nothing more that he can do for me. He tried to give me his direct phone number but I just hung up.

 

I did some back tracking and determined that, based on the account number listed (begins with a 5. Only Master Cards begin with the number 5 and I have had only one Mastercard in my life), and the fact that this Mastercard was received when I was in college, I went online and looked for credit card company that provided personalized credit cards to schools in the midwest.

 

I found one that appeared correct, Intrust Bank. I contacted Intrust Bank and asked to speak to a manager about a very old credit card account. After some time, the manager did pull up the account information that had my name but I did not verbally indicate that the charge was valid.

 

At that time, I had no idea about Date of First Deliquency or Date of Last Activity so I did not write that down. The only way I could find that out would be to call Intrust Bank back....or send the Debt Verification letter, correct?

Message 10 of 19
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