adamseve wrote:
by putting info on credit report, but not mailing or phoning me to try to collect payment.
The item is past the SOL for my state and I've mailed them a C&D letter that included a statement that says the reporting of the item is considered extortion and/or fraud by our state dept of consumer affairs.
Not sure of your state or state laws, would you provide more information on this?
I also included the FDCPA info re: false representation.
How are they falsely representing the debt? I am not saying they are, but you don't mention how they are doing so.
I really need to get rid of these CAs that are past the SOL, particularly when they haven't provided proof of the debt after mailing 2 DV requests.
SOL refers to the time limit the states give creditors to sue and recover bad debt. It has nothing to do with reporting on your report. The time they can report is referred to as CRTP and is set by FCRA. It is 7 years from DOFD, but the 7 years does not begin running until 180 days past DOFD, so it is really 7.5 years they are allowed to report.
Did you send the DV request CMRRR? Did they report on your report after receiving them or was they already reporting? Have they responded with anything?
You can file complaints with the BBB, your AG, their AG, and the FTC.
Check to see if your state requires CA to be licensed and/or bonded. If so, are they?
Is there a statue anywhere in the FCRA or the FDCPA that states that CAs can't report items on a client's credit report if they aren't actively pursuing the account?
Nope. It is the FTC's opinion that reporting is collection activity. They don't have to send you collection letters in order to report on your credit report.
Has anyone done anything that has worked to help them get these type accounts removed from their credit file? If so, please share.
