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Just starting and I have some questions

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Anonymous
Not applicable

Just starting and I have some questions

I have a few small medical collections (less than 50 each) for myself that I am going to send out PFD letters for soon but the majority of the negatives on my CR are related to being an AU on my ex's cards.  After we separated in 06 I slowly paid off a lot of the debt because I was an AU on most of his accts and I couldn't remove myself. Well it still ended up screwing me and I am just now getting into a position where I need to improve my credit.

 

zales and sears were both paid off and closed by the creditor and each show a 30

 

Chase allowed me to settle for him and it is listed as settled for less than full and shows a couple of 120's

 

I'm actually still on his walmart (and actually still use it for gas though the divorce was final 2 yrs ago) it is in good standing but is there anyway I can remove myself as an AU? I was told I couldn't when I called a few years ago

 

What is the best way to get these accts off of report? Is it possible? They are really dragging me down as all but 2 of my accounts are in good standing with 3 lates that I'm going to try to GW.

 

My next question is about a joint CA my ex and I have for an apt that we moved out of in 9/05 (texas if it matters), there was no walk through as the management was always busy, we didn't receive our deposit back and the carpet and paint was old when we moved in. I first noticed this collection a few years ago and called the apts because we left it clean but they were under new management that could tell me nothing. I don't recall if I ever got any mail regarding this debt and I know they had our fwding address because we were expecting out deposit back.

I really don't think I am going to pay this debt and it is scheduled to drop off next august  but I want it gone sooner if possible. Should I send a DV letter? How does a CA actually validate a debt? If they can't then what is my next step?

 

Thanks to whoever actually took the time to read this Smiley Happy

Message 1 of 15
14 REPLIES 14
LIGHTNIN
Senior Contributor

Re: Just starting and I have some questions

If your ex will not remove you as an AU on his CC, I believe all you have to do is dispute  with the CRA;s as "not mine", on the CC's your want your name off of.

 

And about your 2nd question......If you had a rental contract, you may want to check the state laws of Texas (if there is any), To see if there is anything can be done. There are many people on these forums from Texas, they maybe able to help you.

FICO's May 2015 EQ764 ~~Live below your means and always keep an emergency fund -Love Everybody ~ Big Kenny ~ Big and Rich ~~~~~Credit Scoring 101 - Common Abbreviations - Freq Req Threads - Free Credit Reports - What Steps Do I Take?DV? PFD?
Message 2 of 15
Anonymous
Not applicable

Re: Just starting and I have some questions

Thanks, I've prepared some GW letters to send to his creditors requesting that the accounts be removed from my CRs. The thing I'm worried about for the apartment is that if I send a DV to the creditor, they will validate (I lived there just don't agree with with the amount) and for whatever reason they won't delete and it wont fall off next year. I'm concerned about them doing something that will make the collection stay on longer.

 

Finally finished reviewing all 3 reports and found a collection acct from Green Mountain Energy for $176 from when I moved last year. I thought I had paid but I just logged on to my acct and it only shows a partial payment.

 

If I make a payment through my online acct, will the electric company be required to pull the acct back from the CA?

 

Thanks again, these forums are amazing

Message 3 of 15
LIGHTNIN
Senior Contributor

Re: Just starting and I have some questions

The only way an OC can pull a debt back from a CA, is if the debt is still owned by the OC and was only assigned to the CA.

 

Per the FCRA 605, it states a CA can not report longer then 7.5yrs, from the DoFD. If by some chance, a CA does show up on a CR and it's passed the 7.5yrs,just dispute with the CRA as being passed the CRTP (credit reporting time period).

 

Do your homework, get to know all of your options before doing anything.

Since you don't agree with the balance, you can try to settle for less then the full amount.Since this debt is around 6yrs old, I would guess the CA would agree to settle for less. Now some CA's will agree to settle and others will not.

 

If the CA bought this debt with a balance of x amount, then they can legally try to collect that balance of x amount. I understand you have a disagreement about the balance with the OC, but if the debt was sold to the CA, the OC is out of the picture and you will have to deal with the CA.

 

One option you can consider doing is called a PFD Letter. It's a written agreement with a CA, where you pay and the CA agrees to delete.But try to get this in writing first, before paying.Again some CA's will agree with PFD letters, others do not. I let others jump in tooSmiley Wink Good Luck to You and have fun reading & learning.

 

Oh and also know your states SOL. SOL varies state to state, it's the time period a creditor can sue and win. 

SOL is the Legal time limit and the CRTP is the reporting time of a debt on a CR. These two are easily confused,just remember one is legal and the other is for reporting.

FICO's May 2015 EQ764 ~~Live below your means and always keep an emergency fund -Love Everybody ~ Big Kenny ~ Big and Rich ~~~~~Credit Scoring 101 - Common Abbreviations - Freq Req Threads - Free Credit Reports - What Steps Do I Take?DV? PFD?
Message 4 of 15
RobertEG
Legendary Contributor

Re: Just starting and I have some questions

If the collection arose as a result of charges originating in 9/2005, then that is most likely your DOFD.  In that event, the CR exclusion date would not, as I read it,  be until 3/2013 (7 years plus 180 days from DOFD).  Do you know the reported DOFD?

 

An OC who assigns collection authority to a debt collector does not assign the debt to them, and thus has no debt to "pull back" from the debt collector. They assign authority to initiate collection activities on their behalf.  I dont understand the concept of a "pull-back."  The collection authority of the debt collector can be terminated, either by way of the OC's termination of their contract, or by way of payment of the debt, which terminates any further collection, and requries the debt collector to update their collection reporting to closed, with $0 balance remaining under collection.  The OC cannot "pull back" the fact that they granted collection authority, and thus cannot require the debt collector to "pull back" any legitimate credit reporting they may have made.

 

FCRA 605 does not prevent a debt collector from continuing to report their collection authority to a CRA after expiration of the 7 yr plus 180-day date from DOFD.  Compliance with section 605 is the responsibility of the CRA, and not the debt collector.  It is a prohibition of the CRA from continuing to include reported information, regardless of when reported, in your CR after expiration of the exclusion period.  The "credit reporting" issue is the CRA reporting of the item in your CR, and not the creditor or debt collector's reporting to the CRA.  Thus, continued inclusion of a time-barred item in your CR is not addressed by way of accuracy of its reporting by the debt collector, it is addressed by way of complaint to the CRA for their violation of FCRA 605.

 

 

Message 5 of 15
Booner72
Senior Contributor

Re: Just starting and I have some questions

HI - my advice is PFD the electric bill w/ the CA or the OC (Whoever is reporting it).

 

Also, don't goodwill the removal of the AU accounts.  DEMAND THEM by disputing "NOT MINE" and they should go away within 30 days, MAX.

 

Good Luck!

STARTING: 11/24/10 EQ-584 EXP-648 TU04-595
CLOSED FIRST HOME 8/19/11 EQ-630 EXP-691 TU04-653
CURRENT: EQ-701 EXP-??? TU08-720
Message 6 of 15
Anonymous
Not applicable

Re: Just starting and I have some questions

Status:  Collection account. $1,103 past due as of Oct 2011.

 

Status Details:  This account is scheduled to continue on record until May 2012.

   

Date Opened:
01/2006

Reported Since:
03/2006

Date of Status:
03/2006

Last Reported:
10/2011

Type:
Collection

Terms:
1 Months

Monthly Payment:
$0

Responsibility:
Joint with Ex's name

 

Credit Limit/Original Amount:
$1,103

High Balance:
NA

Recent Balance:
$1,103 as of 10/2011

Recent Payment:
$0

   
 

Account History:
Collection as of Jul 2011 to Oct 2011, Mar 2009 to May 2011, Oct 2008 to Jan 2009, Dec 2007 to Aug 2008, Jul 2007 to Oct 2007, Mar 2006 to Apr 2007

  

this how the collection reads on experian, TU shows that it wall fall off in 6/2012 and says last payment 7/2005 and EQ shows date of first delinquency 8/2005 the creditor is Alexander Rose INC if anyone has any experience with them. I'm afraid contacting them will cause them to do something to make it stay on there longer since I am unable and unwilling to pay right now, i know i'm being silly

 

the question about pulling the account back was for the electric company. it was something i read sometimes happens when you pay the OC directly instead of the CA.

 

would i dispute the AU accounts through the creditors or the CRAs?

thanks

Message 7 of 15
Anonymous
Not applicable

Re: Just starting and I have some questions

bump

Message 8 of 15
LIGHTNIN
Senior Contributor

Re: Just starting and I have some questions

To remove your name as an AU, you can dispute as "not mine" with the CRA's.

 

This debt for the apartment......It's a CA reporting correct?    not the OC.

 

What's weird...... a CA reports up to 7.5yrs from the DoFD.

And the DoFD is  8/2005 and the removal date is 5/2012 that's not even 7yrs.

 

Do you know your States SOL is?   If not, what state do you live in?

FICO's May 2015 EQ764 ~~Live below your means and always keep an emergency fund -Love Everybody ~ Big Kenny ~ Big and Rich ~~~~~Credit Scoring 101 - Common Abbreviations - Freq Req Threads - Free Credit Reports - What Steps Do I Take?DV? PFD?
Message 9 of 15
Anonymous
Not applicable

Re: Just starting and I have some questions

correct, it's the CA reporting. the OC (apts) changed management in 2007 or so and couldn't tell me anything when I called. I don't know the SOL and I live in texas

Message 10 of 15
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