Need help with NCO!!!!

[amber1]

Hi,  Back in November 2009 I sent NCO a DV and got no response.  Instead of getting a response NCO passed my account to California Recovery Systems at the end of November,  I sent a DV to California recovery systems and they sent a verification of debt letter back to me; which was insufficient.  I did nothing further about it as I had some family emergencies to contend with.  Now three days ago I got a letter from NCO saying I owe the debt which is doubled the amount that california recovery systems stated that I owed.  I believe I paid this debt off years ago but I could not locate any proof that I did as it was years ago. 

This account is a charge off and due to fall off my credit report around august 2011 according to the OC and the credit bureau.

What should I do about this?  Can NCO continue to report this to the credit bureau after August 2011?  Should I just ignore it?

TIA everyone.

P.S.

These forums are great!  I have used the advice from these forums and had a bunch of negative stuff removed from my CRA; all negatives pertained to medical bills.  I am striving to reach better scores!

[MarineVietVet]

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@amber1 wrote:

Hi,  Back in November 2009 I sent NCO a DV and got no response.  Instead of getting a response NCO passed my account to California Recovery Systems at the end of November,  I sent a DV to California recovery systems and they sent a verification of debt letter back to me; which was insufficient.  Why did you consider it insufficient? All they are required to tell you is five things:

(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

I did nothing further about it as I had some family emergencies to contend with.  Now three days ago I got a letter from NCO saying I owe the debt which is doubled the amount that california recovery systems stated that I owed.  I believe I paid this debt off years ago but I could not locate any proof that I did as it was years ago. 

This account is a charge off and due to fall off my credit report around august 2011 according to the OC and the credit bureau.

What should I do about this?  Can NCO continue to report this to the credit bureau after August 2011?  No one can report this after the CRTP but collection efforts can continue forever.

Should I just ignore it? I might consider waiting a little over a year on this. But that's up to you. In the meantime I would make every effort to find proof that this was paid off as you say.

TIA everyone.

P.S.

These forums are great!  I have used the advice from these forums and had a bunch of negative stuff removed from my CRA; all negatives pertained to medical bills.  I am striving to reach better scores!

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[RobertEG]

Actually, the CA could continue to report it forever.  The FCRA does not limit how long a creditor or debt collector can continue to report to a CRA.

FCRA 605(a) imposes restrictions on how long a CRA can contunue to include information reported to your credit file in any credit report they issue.  It is the responsiblity of the CRA to determine whether or not it can appear in your CR, not on the CA to discontinue reporting after any set date.

As an example, the reporting limitations set forth in FCRA 605(a) are not absolute limitations.  FCRA 605(b) provides for total examption of all of the reporting limitations set forth in FCRA 605(a) if a credit report is requested in connection with a creit or insurance transaction of $150,000 or more.  Thus, CA reporting after the normal CRA limit of 7 1/2 years are not always irrelevant, and are not prohibited.

If information continues to appear in your CR beyound the CRA reporting periods, then the beef is with the CRA for includng it in a CR they issue, and not the CA who put the information in your CR.

[amber1]

I only considered the validation as invalid because I was hoping that there would be some media type documents presented to prove that the account was truly mine ie; signed credit agreement or something along those lines.

Thank you for your advice.  If I cannot locate proof that I paid this off then I guess I will resort to paying it at a settled amount.  It appears that it will no longer hurt my score after August 2011.

Do you think it is accurate to have the CA state the balance was $1638.00 in November of 2009 and now NCO is stating that the balance is $3600.00.  Hmm. doesn't sound right to me.

Thank you so much for your advice

[amber1]

Thank You so much RobertEG!  I will be watchful of the situation when the TL is suppose to fall off and if still reporting I will take it up with the CRA.

Thanks again for the response and the informative information.