Trying to fix issues on cred report need help please!!

[Anonymous]

Hey all.. sorry to butt in here but i have a question. Sidewinder - you said the SOL for cell phones is 2 years by federal law? I have a cell phone bill that went deliquent and got sent to collections, and they are reporting fairly recent. The DOFD is from 2003 and was paid with the CA in Feb. 2008, so would this fall under that law by the DOFD? I'd love to dispute it if i have a valid law to dispute it under.

[Anonymous]

Just to clarify. SOL is by state, except cell phones, which is Federal. SOL is the time limit in which they can sue you and win. If you show up in court after being served and say it is beyond SOL, the case would be dismissed. This has nothing to do with the time an item stays on your report. That is a Federal law and is determined by the DOFD, which is determined by the OC. It is 7 years from DOFD.

[Anonymous]

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@Anonymous wrote:

SOL for open accounts in Virginia is 3 years. Can you give more information on each account?

Sure! Here is accounts info:

Medical:

DOFD: 1/2004 DOLD: 5/2007

1/2004 ?

2/2005 ?

Iknow I contacted them all last year because my goal was to payy them alloff. I was only able to pay off 7 med bills. Which still remain on my credit.

Phone:

Verizon: paying off next week

Tmobile: DOFD: 12/2007 DOLD: 3/2008

Student loan:

defferred as of 2/2008..shouls I pay this down orleave it deffered.I finish school next spring and I have until fall 2009 to enter into repayment

Mother in law's card: AU

Sears: I will have her call them to remove me as AU

Citi: now with collection agency

DOFD: 1/2006 DOLD: 5/2007

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Paid collections are just as bad as unpaid and will remain on your CR for 7 years. Since you have already paid them you do not have much leverage with which to work. Contact the OC and see if they still own the accounts. If they do send them a GW letter. If they refuse, keep sending them. Do not ever talk to a CA. If they own the accounts you can send a GW to the them for the paid collections.

Do not pay off any thing with out a PFD first. It can not hurt to try and all they can say is no. Get it in writing before you pay anything. You are still within SOL on everything it looks like. So make sure you have the money to pay.

If anything is with a CA agency, send them a DV letter. Make sure you have the money to pay. If they validate, follow up with a PFD.

[Anonymous]

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dadov3 wrote:

Thank you for the quick response!

So what does that mean exactly SOL? It should be removed after 3 years?  How would a 3 year SOL help me.

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There is Legal SOL and Reporting SOL.

Legal SOL  refers to the time period the law says a creditor has to sue you after you become delinquent. After they pass the specified time frame, the debt is beyond SOL and the creditor loses his right to collect from you. Varies by state, except for cell phone which is Federal and is 2 years.

Reporting SOL  refers to how long an item can remain on your credit report. FCRA governs this.

[Anonymous]

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dadov3 wrote:

SOL for open accounts in Virginia is 3 years. Can you give more information on each account?

Sure!  Here is accounts info:

Medical:

DOFD:  1/2004   DOLD:   5/2007

              1/2004                     ?

               2/2005                     ?

Iknow I contacted them all last year because my goal was to payy them alloff.  I was only able to pay off 7 med bills. Which still remain on my credit.

You need to send GW letters to whomever is reporting the paid collections. Who is reporting the unpaid(am going to assume a CA is) ? Call the OC and ask if they can remove the accounts from collections and allow you to pay them directly. Some will, some won't. If they will, then go pay the OC and DV the CA. If they won't then you can DV the CA and if they validate, offer a PFD(pay for delete). BUT be careful, since these debts are still within SOL, they CAN sue you at anytime. Leaves you less room for negotiations. Or if the OC will not remove the accounts from collections, you can let them be until you are out of SOL. Some states do not have SOL on hospital bills....you just say "medical", so double check that.

Phone:

Verizon:  paying off next week

Tmobile:  DOFD:  12/2007   DOLD:  3/2008

Who is reporting the Verizon? OC or CA? Have you DV'd? Have you tried a PFD? Just paying it will not likely help your score. Always want to try to get it removed if you pay it for maximum benefit. 

Student loan:

 defferred as of 2/2008..shouls I pay this down orleave it deffered.I finish school next spring and I have until fall 2009 to enter into repayment

I'd work on the collections and leave this be for right now. It is good and is not hurting.

Mother in law's card: AU

Sears: I will have her call them to remove me as AU

Citi:  now with collection agency

DOFD: 1/2006  DOLD:  5/2007

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[Anonymous]

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AerosmithCat wrote:
Hey all.. sorry to butt in here but i have a question. Sidewinder - you said the SOL for cell phones is 2 years by federal law? I have a cell phone bill that went deliquent and got sent to collections, and they are reporting fairly recent. The DOFD is from 2003 and was paid with the CA in Feb. 2008, so would this fall under that law by the DOFD? I'd love to dispute it if i have a valid law to dispute it under.

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DOFD is what credit reporting time period is based on and is not related to SOL.

In your case, the debt is paid, so SOL is irrelevant. You should send a GW letter to the CA reporting and see if you can get them to remove the account.

If DOFD is 2003, it will remain until 2010.

[Anonymous]

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guiness56 wrote:

Do not pay off any thing with out a PFD first. It can not hurt to try and all they can say is no. Get it in writing before you pay anything. You are still within SOL on everything it looks like. So make sure you have the money to pay.

Does this mean that if you are past SOL, you would have more time to pay? I recently PFD 3 OC's, and made offers less than what I owe. My SOL is 4 years, and these accounts are about 5 years past DOLA...

Message Edited by abc1121 on 05-05-2008 06:42 AM

Message Edited by abc1121 on 05-05-2008 06:48 AM

[Anonymous]

Oh shoot... ok that's what i thought. I misunderstood what you said at first. I suppose I'll see what I can do with a GW. Thanks for the clarification!