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    rondamac's Avatar
    rondamac Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 5, 2011, 06:38 PM
    Can a creditor outright lie?
    I had an overdue credit card over 9 years ago, I recently got a credit report and it was not on it so it was obviously cleared. Today a third party creditor called to offer me a settlement on it, when I said that it was dropped she said that I made a payment on it 4 years ago which "reopened" it. I know I didn't make any payment because I was intentionally waiting for the seven years to run out for it to be dropped. Can a creditor outright lie like that just to scare me into paying it and also if I did make this mystery payment would it reopen the claim and restart my seven year waiting period?
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #2

    Jan 5, 2011, 06:49 PM

    They can lie like a rug and try to get you to blink. If you pay them one penny out of faer then the SOL will start all over and you get nailed. She is not a creditor she is a collection agency and they say a lot of thing to trick you up. Sit tight, don't pay and don't talk with her again other than to say you want written proof of the debt. Do not say anything else because you are likley being recorded, not legally but they do it anyway
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Jan 5, 2011, 07:00 PM

    First just because it is not on a credit report does not mean it is not valid, or that it is not owed. I have several new and current debts that don't show up, and have even had debts I don't owe show upl A credit report is not proof of anything.

    AS for as lie, of course, in fact I would say that most, esp the ones that do very old dates, always lie,
    And others lie about all sorts of things, such as payment agreements and more.

    But if the SOL is ran out, while you still owe the debt and they can keep sending you bills till the day you die, they can no longer sue,
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Jan 5, 2011, 07:02 PM

    Well the word "can" implies that someone is allowed to do something. So, if you are asking whether its legal or even ethical for them to make such a statement, the answer is no. If you think you are going to be able to prosecute them for making such a statement, what proof do you have that they did?

    I must had, have you ever heard the phrase 'people in glass houses shouldn't throw stones'? You told them it was "dropped". While it may have timed off your credit report a debt NEVER expires. The owner of that debt has the right to try and collect on that debt until its paid. Just because a debt is cleared from your report, does not mean the debt has been cleared or dropped. You still owe the money and have both a legal and moral obligation to repay it.

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