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On my credit report I have a collection agency that reported first in 1999 Just when that was about to be removed from my credit report they (the collection agency)sold the account to another collection agency who re-reported it and now it will be 7 more years before it will be removed.it is the same account.Does anyone know how many times they can submit the same account to a credit agency?Or what I can do about it?
Pay the money you owe and it will be removed. Work out a payment plan with them.
You can request that the credit reporting agency remove it.
I don't believe the clock for adverse material on a credit reports starts until some closing action is taken on it. IE the lender/creditor wrote off the account, turning it over to a collection agency does not necessarily mean they wrote it off as bad. . So just because its been there for 7 years doesn't mean it was coming off. BUT the best way to take care of it is as Fr_Chuck says. Pay it off.
There are two and they both represent the same account,can I have one removed or does it stay on there till I pay it off?
A derogatory account should only be reported once. This means that you should be able to successfully dispute duplicate entries for the same account. Negative items (except BK-10 years) should go away after seven years "from date of last activity". Exactly how this date is determined, is sometimes a mystery. While I usually advise people to pay off a collection that they owe, in some cases it can be the wrong thing to do. Credit scores are very time sensitive to derogatory credit. A 6 1/2 year old unpaid collection has minimal impact on a person's FICO score because of its age. If you pay it off today, then it becomes recent activity on a derogatory trade line, thereby lowering your score. Maybe unfair but true. I would advise you to try the dispute process first, citing the seven year limit. You have nothing to lose.
Depending on what state you are in, the collection agency may have missed the boaton collecting. For example, in California, the creditor has 4 years from the date of last activity to collect on the debt. If this debt has gone over the statute of limitations for your state, it will be very easy to remove from your credit report.
I also have duplicate entries for the same account. Account A sold account to account B so now A&B both have entries against me. What is the process to dispute them or at least have one of them removed. They are 5 years old and Delaware stature of limitations is 3 years. Collection agency B filed a judgement against me with attornies fees and interest but I am disabled and they have nothing to take from me.I am worried they will sue me when my mom dies though when I inherit her house then earn 5 grand from an original 300.00 debt.Quote:
Originally Posted by Dr D
How is this done? I live in Delaware and the SOL is 3 years?Quote:
Originally Posted by DrJizzle
First Dispute the account with the credit reporting agency saying that the account is not yours or whatever you can do this on-line or better in writing USPS cretified mail.
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The CRA have to verify the account in 30 days or else delete it
If they verify the account then you will have to write a certified letter to the collection agency asking for VALIDATION. Do not confuse with verification or investiigation, the term is important (See sample letter at the end of the post).
Wait 30 days, If the collection agency fails in sending you at least the original credit agreement and a payment history (99% of the times they don't have it) then based in this fact you can request the CRA to delete the account, they'll have to complay.
With an old debt in collections there is many times that a online dispute gets the account deleted on the first try.
NEVER pay anything to a collector over an old debt unless they have ALL the proper documentation and they agree first in writing to delete the account from your three credit reports.
The same process can be used with the charge off from the original creditors, so far the only ones who were able to provide a copy of the original agreement was chase and the account was deleted anyway over a second dispute on the first delinquency date, they didn't have a good payment history.
Carl.-
Certified mail, return receipt requested
Re: Acct # xxxxxxxxxxx
To Whom It May Concern:
This letter is being sent to you because your company had verified with Experian the above referenced account after I disputed it online in Experian credit report. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
I know that the 30 days period provided by the law might be long over since you first reported this account in 2006 and I understand that at this point you can continue your collection efforts but you still have the obligation to prove that I own you this money in order to report the account in the CRAs after April 7, 2007
This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
· Written agreement or application for credit with the Original creditor signed by me.
· Payment history showing Original balance, First Delinquency Date and how you calculated the actual
Balance
· Purchase agreement to prove that you really own this alleged debt and I have a legal obligation to pay
You only and no others
· Prove the Statute of Limitations has not expired on this account
· Show me that you are licensed to collect in Louisiana
· Provide me with your license numbers and Registered Agent.
· Identify the original creditor, address and original account number;
At this time I will also inform you that if your offices keep reporting negative information to any of the 3 major Credit Bureaus (Equifax, Experian or TransUnion) after a reasonable period (45 days after this notice) without proper validation, this action might constitute fraud under both Federal and State Laws. Due to this fact, if you do not validate this alleged debt and any negative mark including hard inquiries is found on any of my credit reports made by your company I will not hesitate in bringing legal action against Pinnacle Credit Services
Also during this validation period, if any action is taken which cause any further damage to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing of any information to a credit reporting repository that could be inaccurate or invalidated or verifying again the account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 45 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit files and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that your offices make no telephone contact to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action.
Best Regards,
I forgot... One more reason why paying a collector without taking first a few precautions is a very bad idea.
Unless they have all the paperwork, they agree to settle for less that 25% of the balance and they send you a paper saying that whatever amount you have settle with them constitute FULL payment and they will remove any reference to the account, unless they do this and unless you can pay the whole thing at once don'y make partial payments.
Every time you make a payment the clock for the statute of limitations starts all over and you are risking to get sued in court for those people.
Carl.-
I received a phone call this morning where I live in NY about a credit card debt I supposedly had in California in 1996. I have no idea what they are talking about and told them that. The creditor told me she will put papers in the mail to me and if it is in dispute then fill out the dispute form. I truly do not know what she is talking about and isn't 8 years too long for them to contact me and try to collect a debt which I can not remember at all? I told her my credit is perfect which it is and to send the papers and I will dispute it.
The Cleaner, what is the significance of the Date on your letter of "April 7, 2007"? Is that date random or is it part of the language in the FDCPA? Secondly, I assume that the language in your letter, regarding information to be provided, where you ask for proof of license to collect in Louisiana is for the state that you are living in, not the state where the collection company resides. Thirdly, is the "reasonable amount of time" of 45 days a reasonable amount of time as provided by FDCPA or precedent? Thanks!
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