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 Posted: Fri Apr 25, 2008 4:19 pm |
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I know it's a huge mistake, but my boyfriend... in a not-so-smart move, sent a scavenger debt person $200 because he got scared when he read the word "sue" in the stupid letter. Instead of consulting anyone about it, he sent the money and they cashed the check. He's talking to a lawyer next week, but what happens if you send them money? Does it reactivate anything? This was regarding a debt he owed back in 1997.
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cochy115
Joined: 24 Apr 2008
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| Posted: Fri Apr 25, 2008 4:30 pm |
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He just re-aged the debt to stay on his credit report for however long your state allows. I'm not sure if it reset the statue of limitations or not.
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FYI
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| Posted: Fri Apr 25, 2008 4:40 pm |
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Yeah. I'm not sure since they're not a collections agency if they can report to the credit bureaus. I guess that's my main concern.
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cochy115
Joined: 24 Apr 2008
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| Posted: Fri Apr 25, 2008 4:48 pm |
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I think anyone can report a credit or a debt to the CBR agencies as long as the have the information necessary.
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FYI
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| Posted: Sat Apr 26, 2008 8:27 am |
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He just reset the statute of limitations.
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| Posted: Sat Apr 26, 2008 2:25 pm |
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The statute of limitations has been revived on the account. However the reporting period per the Fair Credit Reporting Act states that the limit on reporting to consumer reporting agencies is 7 years plus 180 days from the date of first delinquency. Once the original creditor has to remove their trade line all associated collection trade lines must be removed as well.
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JCEMT
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| Posted: Sat Apr 26, 2008 2:26 pm |
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Cochy115, do you still have the letter that they sent your boyfriend? If you could type it up (redacting parts with identifying or personal information) I wouldn't mind reading it. It sounds like they may have committed a FDCPA violation in that letter.
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JCEMT
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| Posted: Sat Apr 26, 2008 2:53 pm |
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Good catch JCEMT! When I read that the word "sue" was in the letter, that was my thought too. Especially if this was before he had sent them any money and the debt was still outside of the SOL.
And FYI, let me make sure I'm understanding this correctly. Anyone, this inculdes me, can report negative information on someone to a credit bureau? I would presume the information needed, that you referred to, would be name, SSN, and address of the alleged debtor?
Wow!
You'll have to excuse my amazement, but that's messed up. Anyone with an axe to grind against someone could screw around with their CBR just to be nasty? Of course, that could be useful if you sue a CA for FDCPA violations and they refuse to pay up. Slap that on their CBR.
Kidding. I'm sure it's harder to post something like that on a company's CBR than an individuals.
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UnemployedRon
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| Posted: Sun Apr 27, 2008 6:08 am |
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Ron, I think you'd have to be a subscriber to the services of tyhe CRB in question in order to report data. At least, I'd hope so.
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unclewulf
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| Posted: Sun Apr 27, 2008 6:15 am |
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There are actually two violations on that letter. The first is threatening legal action when they could not (because before the boyfriend made a payment it was passed the SOL and therefore a time barred debt) now if I'm correct it was probably using a lawsuit to pressure him into making a payment ASAP, which would be overshadowing his right to dispute.
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