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Rebuilding but received letter for old debt.

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Rebuilding but received letter for old debt.

I’m currently in the process of rebuilding my credit. My report is now clear of derogatories and I’m up to about 92% on my payment history.

I recently got a letter from an attorney, for a debt collector about an old debt that’s recently been taken off report. I disputed the debt off my report due to state statute of limitations and it was removed. I sent a dispute letter to both this attorney and the debt collector requesting proof of ownership. The attorney office replied with a packet showing the account, how many debt collectors have exchanged hands with it and the last payment date which was more recent than I thought. So I suppose I still owe on the debt but it’s no longer on my report?

Anyone have experience with this? Should I contact the attorney? Or work with the debt collectors directly? I don’t really want to speak to their attorneys.

Should I wait it out and see if they’re going to take things further? I’ve never delt with attorneys before and have only had to settle one debt in the past which was rather pain free (and a lot less money).

The debt owed is $7,000. I still have a letter from another company asking to settle for $3,000 from a year ago. I haven’t received anything from this new collector so I don’t even know where to start in negotiations.

Any help would be appreciated. Thank you.
Message 1 of 5
4 REPLIES 4
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Moderator

Re: Rebuilding but received letter for old debt.

Hi @KJamesJr1    Welcome to the forums 

 

Can you give us the DOFD and also, is the debt out of SOL? 

 

You said you disputed based on SOL. Did you mean maximum allowed reporting period? Those two are quite different. 

Message 2 of 5
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Re: Rebuilding but received letter for old debt.

Looking at the paperwork:

Last payment date 3/1/17
Charge off date is 10/30/17
Date sold 3/23/17 ??? Not sure why this is sooner than the charge off date.

The statute of limitations for my state is 3 years. Which I think is from the last payment date (New Hampshire) So it looks like I’m actually still within the limits?

I’m not sure what you mean by maximum allowed reporting period.
Message 3 of 5
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Re: Rebuilding but received letter for old debt.


@KJamesJr1 wrote:
Looking at the paperwork:

Last payment date 3/1/17
Charge off date is 10/30/17
Date sold 3/23/17 ??? Not sure why this is sooner than the charge off date.

The statute of limitations for my state is 3 years. Which I think is from the last payment date (New Hampshire) So it looks like I’m actually still within the limits? Yes its 3 years for open accounts, you will need to refer to NH statutes to determine how the period of time is set, its different between the states. Typically is the time period that begins with the DoFD but you need to clarify it.

I’m not sure what you mean by maximum allowed reporting period. Its the time period allowed by the FCRA and its 7.5 years from the accounts DoFD maximum

 

"If there's a lack of money in your life, understand that feeling worried, envious, jealous, disappointed, discouraged, doubtful or fearful about money can never bring more money to you, because those feelings come from a lack of gratitude for the money you have."

"Reactions are powerful creators because they contain every element needed to manifest—they're a combination of thought, belief, and feeling in action. Positive reactions create more positive things, and negative reactions create more negative things. If you can respond to negative situations calmly and lightly, instead of with emotional turbulence, what happens next in your life will be so much better."

- Rhonda Byrne

Message 4 of 5
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Moderator

Re: Rebuilding but received letter for old debt.


@KJamesJr1 wrote:
Looking at the paperwork:

Last payment date 3/1/17
Charge off date is 10/30/17
Date sold 3/23/17 ??? Not sure why this is sooner than the charge off date.

The statute of limitations for my state is 3 years. Which I think is from the last payment date (New Hampshire) So it looks like I’m actually still within the limits?

I’m not sure what you mean by maximum allowed reporting period.

When you said you disputed it, you mentioned disputing it because of statute of limitations (SOL). 

Credit reporting has nothing to do with SOL, nor is SOL basis for disputes. Age of derog might be, but not SOL. 

Statue of limitations is the time debtor has to bring legal action against you. It varies from state to state. 

Both clocks start ticking with DOFD, so it's really important you get the exact date.  The free annual credit report is one way to get it. 

 

https://www.annualcreditreport.com/index.action

 

 

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