WORRIED - Collection letter from 2010 ?!!?

[Anonymous]

Received a letter today from Credit Control LLC saying they are servicing a debt for JH PORTFOLIO DEBT, who in turn services for Bank of America ?!!!  It says I have a charged off debt from 02/2010 -- but then says DELINQUENCY date of 5/23/2012 !  Now, the guy at Credit Craptrol told me that is when THEY acquired the debt.  The letter (and the rep) stated "Although due to the age of the debt, we will not sue you, JH PORTFOLIO may continue reporting to credit agencies as long as the law allows... blah blah

 which would be 02/2017, IF this is all accurate.

Mind oyu I have NEVER seen this account on my reports -- but this is the first letter i recall getting.  I do NOT RECALL TIHS ACCOUNT!!!!!  It is for $125.  I said I did not recall the account and am disputing as "NOT MINE" -- he said he would note the verbal dispute, but that I  need to write in a dispute too?  

I dont care -- I'd even pay them to guarantee no credit reporting.  I know it isnt from a BofA CC, as I now only have my first card with them -- it MAY be an old charged off chekcing acct, but I thought they offset that once I deposited money into a new acct with them.  JH PORTFOLIO will tell me nothing, as BofA as well..."We can not speak to you about this, only Credit Control LLC"

I do NOT want tihs hitting my report !!  What do you think the chances are they will start reporting after 6 years?  
They claim I spoke to them in 2012 and 2013 and I hung up on them (lol likely did, was in a bad place then credit wise and hated all debtors!) 

What should i do ?  Ignore?  Continue dispute ?  Pay ?  My scores are all 690-700s now, I would flip if something 6 years old hit me !!!  

Thank you all!

[RobertEG]

You have 30 days from the date of their collection ("dunning") notice to file a request for debt validation if you dont recognize the debt.

In that DV request, you should explicitly request the name of the OC and an itemization of the debt.

You may, once receiving response, be able to identity the debt.

Meanwhile, if your DV is sent within 30 days fo the date of their dunning notice, it will impose a cease collection bar on them, which will preclude their reporting to a CRA until they send the requested debt validation.  They could send validation at any time, and immediately report, so any bar on reporting would be temporary.

If preventnig credit reporting is a primary goal, you can forgo a DV and offer them a pay for not reporting offer.  If they accept,you pay and they dont report.

Asserting "account not mine" is an identity theft assertion that you address by way of a police report and credit report blocking per FCRA 605B.

A dispute can be verified if someonw else used your identity, so it not the best way to handle an account not mine assertion.

It may be a bit premature to file a police report asserting someone used your identity when you have the issue of a possible account with BoA in the asserted timeframe, and thus a possible delinquent debt.

[Anonymous]

Thank you sir!

However, I still must know how long they have to report this -- and if they'd likely bother after all this time (account in their office for 4 years nearly!!) - original CO 6 years ago. Should I even bother with the DV then ? He did say he put it in as a verbal dispute / Dv

Ugh just my luck. I seriously hope this just doesn't go on my CR - even though they can only report for another year legally at most.

Just hoping for the best here !! Thanks for the info

[Anonymous]

They can report at anytime they wish as long as its within the reporting period of 7 years and 180 of first delinquency.

[Anonymous]

I know that - ugh. I don't know what my best course of action is. I'll pay it but if I do I don't want them reporting as paid collection .. And nobody will talk to me. What's odd is that the creditor listed is JH PORTFOLIO DEBT, but they're w collection agency ! The OC is BofA. So annoying

[Anonymous]

Did you make any progress? I have a similar situation and tried calling JH. They refuse any PFD at all and just wanted my money. I told them they would not see a dime without it. No progress there. I tried calling BofA, and they told me there was no way I can settle with them directly. I'm considering hiring Lexington Law as a last resort.  Any ideas?

[Anonymous]

actually yes -- here is whathappened !

Long after this letter arrived, in April, I get an alert that a NEW COLLECTION has hit me - sure enough JH PORTFOLIO !!!! I WAS LIVID !!!!!

Called them imeidatelty, as the date reporting was WAY OFF -- saying from 2013, and the last account I had with BofA was WAYYYYY prior to this.  So, I disputed it as NOT MY ACCOUNT, and i think due to them realizing they had the age of account reporting WAY OFF, they called me back in 30 min -- DELETED from all 3 burueas overnight and their promise to never re-add, as they marked it INVALID ACCOUNT.

I suggest you fight tooth and nail, threaten CFPB and BBB, if you must -- play nice first but play hard ball if they dont budge -- this WILL END UP on your CRs !!!!

[Anonymous]

You have no idea how happy I am to see your post!!! I am in the middle of getting a mortgage (was approved yesterday) and just got a letter from a JH portfolio servicer. Same situation, 6 year old charge off. I was panicking that they would report immediately. If nothing else, I hope I can stall or at least not have them report until after I close next month!!!

[RobertEG]

A debt collector or creditor must, no later than 90 days after reporting of a charge-off or collection, report the DOFD on the OC account to the CRA.

The DOFD must have preceded the date of the charge-off.

Credit report exclusion of both a charge-off or collection is no later than 7 years plus 180 days from the reported DOFD.

A DOFD is normally 3-6 months prior to a charge-off.

No other dates have any relevance to credit report exclusion.

It appears to be very near the credit report exclusion date.

You need to obtain the reported DOFD for an accurate determination.

[Anonymous]

Do collection agency's usually wait at least the 30 day Dispute period expires before reporting?