Getting CAs to remove collections from CR

[Anonymous]

Do CAs have the ability to remove collection reports? 

For instance, can they have them removed by saying, say, that there is a mistake?

If so, can you negotiate with the CA to have them do something like this?

[nothingman02]

Yes. CAs can remove any a/cs reported. Its a pretty straightforward and easy process and is just a few mouse clicks.

If you want to negotiate, Id assume that its unpaid in which case you should be looking at a PFD. have you DVed the CA? Can you PIF? It would be best to offer a PIF for a PFD.

Just a couple of things

 - A paid collection is just as bad as an unpaid collection

 - If its within SOL, if you cant PIF, theres a danger of a lawsuit. 

[Anonymous]

Thanks again,

I am aware of the lawsuit peril.  That is why I avoided the CA in the first place.  My understanding is that the the CA, or lawyer, needs to

a) have a liaison, or conversation with you, and

b) get an obligation from you before he can do major CR damage.

(Please correct if not.)

I imagine this goes to the lawsuit process as well, as I was a trucker when the collection issues started, there was exactly zero chance of the CA getting to me.

Just a little background on my two collections they were outright rip-offs:

One was from Sprint when I hooked up my laptop to a modem back in '02; I checked carefully that there would be no charge, and then after the fact, the reps said they would remove the charge, but it went to a CA anyway. 

The other was from a doctor that I never saw for an injury I never had.  He got the ER visit date right, so he was corrupting the hospital. 

Recent research shows that the medical profession is devoid of empathy, by design at the educational level; socialization may be a good idea sometime soon. 

And there is no longer a need for cell phones with the abundance of WiFi--we can simply connect to the Internet and use VoIP.  This works as-is based on the generosity of WiFi users, and could easily be enhanced by the government for very little money--a true stimulus plan.

I write about the relationship between technology, society, and psychology on the Internet.

[Anonymous]

For the dr's bill.......you need to post about that over on the medical debt board-- see link below.

As for the cell phone, what is the DOFD being reported? If this happened in 2002, then the SOL has passed(as cell phone SOL falls under federal statutes and it is 2 years) and it may be close to falling off on its own, as it appears to be near CRTP.

They can report to your CR, the only thing they need to do is send you a written letter within 5 days of doing so. If they don't or you didn't get it, to do anything about it you'd have to file a lawsuit and leave it up to the judge to decide. They don't actually need to talk to you to report or file a lawsuit.

If you haven't yet, get your free annual reports-- see link below.

[Anonymous]

Sidewinder wrote:

"As for the cell phone, what is the DOFD being reported? If this happened in 2002, then the SOL has passed (as cell phone SOL falls under federal statutes and it is 2 years) and it may be close to falling off on its own, as it appears to be near CRTP."

Looking back (I didn't keep records), I now think the DOFD was 2004, but the report shows the first "collection history" as 2006.

If the SOL for cell phone collection is only 2 years (seems short to me), then it follows that the should have "fallen off" in 2008. 

The CRTP information on the report reads:

"This account is scheduled to continue on record until Aug 2011." 

2007 minus 7 would make the initial collection date 2005.

[Anonymous]

Accounts are not removed once legal SOL expires....which is what the 2 year period I referred to is.

If it states it is to be removed in 2011, then DOFD being reported is 2004.

[Anonymous]

About the 2 yr federal SOL for cell phone collections:

It follows that if the SOL for my collection has expired, then I am protected from a law suit--and I can contact the CA w/o that fear.

[nothingman02]

The the CA can still sue you but you can use that as a defense in court. But chances are that if the CA is aware that you are aware, then they would bend and try to reach a compromise which should translate to a deletion in effect.

Message Edited by nothingman02 on 05-14-2009 11:29 AM

[Anonymous]

That is interesting, that the CA can sue after the SOL has passed.

I happen to have a good "seat of the pants" understanding of criminal law, and I as involved in various rights movements when I was a lot younger.  But this is all different.  The part that makes me especially uncomfortable is that credit reporting does not need to follow any of the usual legal paths designed to protect against predatory actions.

Nothing in credit reporting or debt collection seems to follow commonly accepted due process procedures.  From my reading here on myFico, only HIPAA collections require that a debt be "valid,"  which may help me with my other issue.

In this case, I was billed for something that was not in the contract, and therefore something that I had not agreed to.  At the time, wireless Internet access (I used it for IM texting) was nearly unheard of, and therefore there would be no reason for it to be in the contract.  Futhermore everyone I spoke to at Sprint, both before and after the situation initiated, stated I would not be billed or said I didn't owe any money.  The last rep I spoke to said I owed only becuase a few months had elapsed since the situation initiated.

It seems that Sprint should have to prove that I agreed to pay them for what I was doing before beginning any collection or legal procedures.  This is what makes me uncomforatble: billing and collection are outside of normal law.  And I certainly did not cause them any damage that they could sue for.

The first challenge to predatory debt collection was the Shay's Rebellion, which put an end to debtor's prision--something historically relevant to this community, and the whole US in its present condition.

Along with the better known Whiskey Rebellion (actually a misnomer), Shay's Rebellion forced the US to create the Constitution, and most important, the Bill of Rights.  The Bill of Rights is the template for all rights documents, is not new, and was simply updated to create the UN Charter--which like the Bill of Rights, is largely ignored.

[Anonymous]

Contact the OC and dispute with them. File a BBB complaint and complaints with all regulatory agencies over them.