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DV a 3+ year old Collection?

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2FixMyCredit
Established Contributor

DV a 3+ year old Collection?

I have two collections on my credit that are 3+ years old, one from Sep 09 and the other from Feb 2010, these are both medical collections from FFCC.  One for $351 and one for $698

 

Thing is I have letters from the hospital stating that they were paid in full and are considered closed, I have disputed both one is still saying it is disputed from when I did it in 2011, the othe came back as valid.

 

Should I DV these?  Or let them be and fall off in four years? 

IF they come back valid should I offer a PFD and if so how much?  The full amount? Or a percentage?

Total CL: $40k+
Discover, BOA, GE, Cap 1, Chase, Barclay!
Gardening Start: 04/22/2013

Message 1 of 20
19 REPLIES 19
RobertEG
Legendary Contributor

Re: DV a 3+ year old Collection?

Neither would, in my opinion, be the best course.  You can send a DV, but it most likely would not be timely, and even if timely, does not compel them to prove their determination of accuracy.  You need a court to compel that.

 

I assume the debt collector sent dunning notice at the time of reporting to the CRA.  If so, any DV would be untimely, and thus place no restrictions on the debt collector.

 

The issue appears to be a contest over whether the debt was satisfied.  CR exclusion does not cancel the debt.  While it precludes one from discovering the old collection by a simple pull of your CR, you still have an assertion of unpaid, delinquent debt.

 

If you have disputed and they have verified, you could still send a direct dispute to them, but any direct dispute can be dismissed under the rules without investigation if substantially the same as a prior dispute, including one filed through a CRA.  Even if they did investigate, they dont have to "prove" the issue in order to verify.

 

Compelling them to produce evidence and get the matter resolved in a binding manner will most likely require you to bring civil action.

Message 2 of 20
2FixMyCredit
Established Contributor

Re: DV a 3+ year old Collection?

I have all my mail from since 2008 - since I moved out on my own and there isn't a single item from FFCC in my files, I know I wouldn't throw something like that away, this being said I was getting my mail delivered to my moms at the time and she may have thought it was junk mail.

 

So a DV is pretty useless?  I don't have the means/funds to try and get this resolved in Civil court. 

 

I just don't understand how they can be collect on something that was paid before ever being sent to them. 
  Who would I send the direct dispute to?  The CRA or the CA?

Total CL: $40k+
Discover, BOA, GE, Cap 1, Chase, Barclay!
Gardening Start: 04/22/2013

Message 3 of 20
llecs
Moderator Emeritus

Re: DV a 3+ year old Collection?

I personally would send a GW-like letter to the CA asking for a deletion in that it had been paid in full, and I personally would enclose a copy of the hospital's letter.

Message 4 of 20
js0319
Established Contributor

Re: DV a 3+ year old Collection?

+1


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Message 5 of 20
2FixMyCredit
Established Contributor

Re: DV a 3+ year old Collection?

Well I spoke with the hospital today and found out that charity did not pay the actual doctor costs so that is what it would be from. 

 

 

With that being said how should I proceed?  Should I offer a percentage for PFD since they are both 3+ years old? OR do you normally pay them in full?

Total CL: $40k+
Discover, BOA, GE, Cap 1, Chase, Barclay!
Gardening Start: 04/22/2013

Message 6 of 20
2FixMyCredit
Established Contributor

Re: DV a 3+ year old Collection?

Anyone?

Total CL: $40k+
Discover, BOA, GE, Cap 1, Chase, Barclay!
Gardening Start: 04/22/2013

Message 7 of 20
Anonymous
Not applicable

Re: DV a 3+ year old Collection?

Does the OC still own them?

Message 8 of 20
2FixMyCredit
Established Contributor

Re: DV a 3+ year old Collection?

No the CA owns them now. 

Total CL: $40k+
Discover, BOA, GE, Cap 1, Chase, Barclay!
Gardening Start: 04/22/2013

Message 9 of 20
Anonymous
Not applicable

Re: DV a 3+ year old Collection?

Send them a DV.  If they validate, send a PFD.

Message 10 of 20
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