Help - need collections advice

[Anonymous]

My credit score has finally been improving and I have no negative accounts on my credit report.  I received a phone call from a collections agency today stating they bought two charged off credit card accounts that had been opened in my name in 1997.  They were charged off in 2000 and were a combined total of $1,500.  They would not let me hang up the phone unless I gave them a checking account number to satfisy the debt.  They said if I refused to give them a checking account number or hung up the phone, they could report me to the credit bureaus as I was refusing to pay a debt.  They even rattled off information to me that was contained in my credit report about other open current accounts I have!! 

I kept telling them that I would not give them any checking account information until I received something in writing.  They said that they would now report me.  Can they?  I live in the State of Ohio and they threatended to garnish my wages (asking where I worked too but I wouldn't tell them).  I'm so irritated as this stuff does not show up on my credit report and I don't want it to now.  Thoughts or advice?  Thank you!

[Anonymous]

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lacedup2go wrote:

My credit score has finally been improving and I have no negative accounts on my credit report.  I received a phone call from a collections agency today stating they bought two charged off credit card accounts that had been opened in my name in 1997.  They were charged off in 2000 and were a combined total of $1,500.  They would not let me hang up the phone unless I gave them a checking account number to satfisy the debt.  They said if I refused to give them a checking account number or hung up the phone, they could report me to the credit bureaus as I was refusing to pay a debt.  They even rattled off information to me that was contained in my credit report about other open current accounts I have!! 

I kept telling them that I would not give them any checking account information until I received something in writing.  They said that they would now report me.  Can they?  I live in the State of Ohio and they threatended to garnish my wages (asking where I worked too but I wouldn't tell them).  I'm so irritated as this stuff does not show up on my credit report and I don't want it to now.  Thoughts or advice?  Thank you!

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If it was charged off in 2000, it is too late for them to report.  Charge offs can only report for 7.5 years from the date of first delinquency (DOFD).

Sounds like they violated the FDCPA in a couple of ways, as well.

As far as whether you are in SOL, I'll leave that to the gurus on the Rebuilding Your Credit board.  Moving this thread there.

[southernficoaddict]

Who on earth is this CA?

[fused]

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lacedup2go wrote:

My credit score has finally been improving and I have no negative accounts on my credit report.  I received a phone call from a collections agency today stating they bought two charged off credit card accounts that had been opened in my name in 1997.  They were charged off in 2000 and were a combined total of $1,500.  They would not let me hang up the phone unless I gave them a checking account number to satfisy the debt.  They said if I refused to give them a checking account number or hung up the phone, they could report me to the credit bureaus as I was refusing to pay a debt.  They even rattled off information to me that was contained in my credit report about other open current accounts I have!! 

I kept telling them that I would not give them any checking account information until I received something in writing.  They said that they would now report me.  Can they?  I live in the State of Ohio and they threatended to garnish my wages (asking where I worked too but I wouldn't tell them).  I'm so irritated as this stuff does not show up on my credit report and I don't want it to now.  Thoughts or advice?  Thank you!

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These charge-offs, were they credit cards? Please say yes!

[Anonymous]

They are called Portfolio Recovery.

[Anonymous]

Yes - they were charge off credit cards by Lowes and Sears.  Again, they were opened in 1997, my dear ex charged them up, dumped me and left the bill.  They were charged off in 2000 and the charge off's do not appear on my credit report from all three bureaus.

[fused]

They are the CA. What I need to know is what type of accounts these COs were originally. Were they credit cards, loans, etc.? It's crucial you know this, otherwise we can't help you. Statute of limitation laws vary greatly by state and type of account.

[fused]

Good news! You'll be fine! I'll be back very shortly to explain why.

Two things going on here, and both are very good. The good news is this debt is past the reporting SOL (statute of limitations). Federal law states collections can report up to 7.5 years after an account's DOFD (date of first default), when the account is 30 days past due. So, they cannot report these accounts and even if they try, they would be in violation and they can be removed from your reports with relative ease.

Second, you are past Ohio's legal SOL for CCs (open contracts) which is 6 years. So long as you never made a payment on these bad accounts in the last six years, the JDB (junk debt buyer) will not be able to get a judgment against you. If they tried to sue you, your defense in court would be, "your Honor these debts are past Ohio's SOL." Case dismissed! I have one last question, did these debts occur in another state?

Also, keep in mind, that just because the SOL is up, the collection never goes away. By law they can continue collection efforts. So, if the JDB continues to harass you send them a very pointed C&D (cease and desist) letter...or better yet a FOAD letter (use your imagination, a blank off and die letter).

Message Edited by fused on 08-06-2008 03:48 PM

[Anonymous]

Thanks - I appreciate any help or advice you have.  I was shocked at their tactics and told them they violated my privacy by exposing personal information on my credit report since they couldn't confirm my identity.

I'm just so worried they will try to put a new inquiry and negative mark on my credit report when it's clean and I'm trying to build up credit.

PS - both of these debts were in the same state I am in now - Ohio.

Message Edited by lacedup2go on 08-06-2008 10:03 PM

[fused]

bump