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ERC Collections

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Valued Member

ERC Collections

So yesterday I received a collection notice from ERC.  Honestly, it could be mine but it is past the SOL as it is a debt for a cable company from 2010/2011.  I know that they can't legally collect and it should be past the time they can even report it to my credit report.  I have submitted a dispute but I am about to close on a house in about 1 week and don't want this showing up.  How do you experts recommend that I handle this.  It is not showing on my credit report as I believe its time ran out on both ends.  I am not sure the first date of default but I am thinking that it was in late 2010 or early 2011.  

Message 1 of 5
4 REPLIES 4
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Contributor

Re: ERC Collections

IIRC, you have 10 days from time of receipt of collection letter to respond with a Debt Validation letter. If you wait past the 10 days then they will report to your CRA. Good luck!
Message 2 of 5
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Legendary Contributor

Re: ERC Collections

If they have sent a collection notice but have not yet reported a collection, then it is unclear as to how you have filed a dispute.

Disputes under the FCRA require identification of inaccuracy of reported information only.

Do you mean that you have sent a debt validation request under the FDCPA?

 

If you have sent a timely DV request (i.e., it was sent within 30 days of their collection ("dunning") notice), they are under a cease collection bar until they send validation.  Case law in some jurisdicitons has interpreted a cease collection bar as also including a bar against reporting to a CRA until they have first sent validation.

 

If they do report to a CRA, they then have 90 days thereafter in which to provide the DOFD to the CRA.

Until then, you will have to use your own account records to determine the actual DOFD that you expect to be reported.

If the DOFD was no later than early 2011, then the full 7 years plus 180 days exclusion period set under FCRA 605(c) has definately expired, which will prevent the CRA from including any reported collection.

Message 3 of 5
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Valued Member

Re: ERC Collections

I disputed the debt with ERC.  They have an online form to dispute which I did and will follow up with a response in writing to their dunning letter.  So yes I sent online a debt validation letter.  It seems odd to me that they had this account years ago and it was on my credit report but then fell off and now they are trying to collect again.  I don't want to restart the SOL since I know it has long since expired.

Message 4 of 5
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Contributor

Re: ERC Collections

About a week ago i disputed them on my report. they had my unpaid att for 2600. i disputed as balance incorrect and they came back as amount correct but removed collection off report. i tried that with eq and exp and worked as well.they cant collect so they remove tradeline

Message 5 of 5
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