CR listings, old debt past SOL, and newer CA activities

best thing to do is to deal with them. the phone calls are really worthless and they try to scare you into paying off a too-old debt. If they keep calling you, then tell them to send you a mailed copy (not email) of what they are requesting. get everything in writing and also ask for proof. If they dont give you proof, you can find a letter here on these forums to send to the debt collector. its strong and gets right to the point.

As for the other 2 bad marks, if they are not legit, then you send a letter to the organization that reported the mark and request that they "take it back" and then another letter to the CR company requesting pretty much the same thing and a verification.

If the 2 bad marks are legit however, then you can only do your best to pay off any debt that caused the 2 bad marks and recover some of your score.

Hi John

Negative information stays in the credit file for seven years. Remember this before you decide to make any payment. Partial payments can renew the SOL timeframe from the beginning. If you are concerned about improving your credit slightly until the items are deleted automatically, paying them off will be a good move. Do it in one time. Extending the payments often leads to defaults.

Make sure that you have got the details of the debt in writing from the CA. They often buy disputed accounts from the original creditors. Review the details thoroughly before you make a commitment.

Thanks for the responses.

The 2 old cc's are passed the SOL, so no worries.
And they should be off her report by now. (7-yrs old)

The 2 "newer" ones look like NCO, and are the
2 old cc's that were purchased from the old,
and now show up as "newer" than they really are.
( I noticed a notation on the NCO listing as Fleet and Citibank accounts)

My question is, since these are simply the same debt,
trying to look newer than the real old debt,
then after the 2 old ones are gone, (from 1999)
can we get the NCO marks removed from the CR ?

It looks like NCO bought the old accounts from Citibank/Fleet, and in doing so, show up on the CR, and look newer than they are.

Thanks again,
J

This part of a thread I found here, looks like they are pulling the same thing to my wife.
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"NCO Group to Pay Largest FCRA Civil Penalty to Date"

" The provision helps ensure that outdated debts ??? debts that are beyond this seven-year reporting period ??? do not appear on a consumer's credit report.

Violations of this provision of the FCRA are subject to civil penalties of $2,500 per violation.

The FTC charges that NCO reported accounts using later-than-actual delinquency dates. Reporting later-than-actual dates may cause negative information to remain in a consumer's credit file beyond
the seven-year reporting period permitted by
the FCRA for most information. ""
----------------------------

This is what I think they did.
Found/bought an old bad debt from 1999 and "renewed"
it to 2002-2003.

Can we use this to our advantage when talking to them?

Will this make them remove the marks from wife's CR ?

Thanks in advance,
John

Perhaps NCO is trying to reage the account dates and make it look current. Most collection agencies do such things to report negative information for longer period. You should take actions against them for violations of the fdcpa law. Don't let them ruin your credit for wrong reasons.

It appears NCO is trying to re-age the accounts, by reporting them as new and assigning them a new account number. This is Illegal, and NCO knows it. It is important to rememeber that becasue a debt is past the SOL, doenst mean they can't continue to try to collect it, it just mean s that other than to make phone callse and write letters there really isn't legally anything they can do, Many junk debt buyers will instead try to trick you into taking an action which would re-start the SOL, so you must be careful what you say or do. Pull a new credit report and see if they are still on there. If so dispute them with the CRA on the basis they are actually accounts which are beyond the SOL. If they validate it, then you will need to deal with NCO directly. At this point if you can afford it I woulds just hire an attorney to handle the situation and save your self the head aches. If you can then you will need to ask NCO to validate the debt and prove it is not beyond the SOL. This is why it is important to know what the dates the SOL on a particular debt starts.

Thanks for the responses again.

That pretty much is what I was thinking, thanks for
that info.

We will run her report again in Sept and see that the 2 old ones are gone and see if NCO's are on there still. Which I know they will be. lol

At least at that point, we are way pass the SOL and
the old ones will be off the report as well.

BTW: After all this concern, reading, preparing for a battle, I get home last night. Wife isn't home yet, I notice a msg on the phone to call that guy again.

I pull all the info, lay it out in front of myself.
Credit report, notes, pen and paper.
Call the number, hold... a gal answers, she checks our phone number and askes for....

Someone other than wife!
They had the wrong number!

ROTFLMAO!!!

-------------------------
" Pull a new credit report and see if they are still on there. If so dispute them with the CRA on the basis they are actually accounts which are beyond the SOL. If they validate it, then you will need to deal with NCO directly. At this point if you can afford it I woulds just hire an attorney to handle the situation and save your self the head aches. If you can then you will need to ask NCO to validate the debt and prove it is not beyond the SOL. "

If NCO cannot prove it is a valid debt, then they have to remove there mark from her CR, right?

If they don't, then we can sue they or something, on the grounds of a falsely reported debt, that is hurting wife's credit report and for re-aging an old debt. That's what the law suit (above) from May 2004 was all about, right ?

John

John, you have learnt the laws quickly. Go ahead and take care of your credit. Do not let NCO tarnish your credit file with wrong information. They have been penalized heavily in the past for wrong reporting and reaging the accounts. You have a strong case against them. Let us know if you need any guidance further. We will help you out. John, would you like to join here as a member? You are coming up as a guest.

Thanks again for the responses.

We got another call saying "it's important you contact us" again. Also, she received a letter from NCO last week.

So, from all your help here, I pulled out all my
notes from here and called.

They asked for her, I said I'm her husband.
We need to speak with her, "this is a business matter"
and we'll call back.

Until you tell me sir, what this is about, she will
not be coming to the phone.

He now says "a personal business matter".
(Gotta give this guy credit, he did it right.)

I lay out the info for him, received your letter,
saying would this be about an old X-account for the amount of X $'s.
He says yes.

I say ok, I gave you the info I already knew about,
so we can discuss this now sir.
He agress. Says this is an attempt to collect a debt.

I lay in nicely with, this illedged debt is from 1998-1999 time period, the SOL for CT is 6-yrs on an open account, ie a CC, and this is well beyond that timeframe sir, and should be off her CR by now, being it is now past 7-yrs old.

He interupts during that and says just because the debt is past 6-yrs old doesn't mean we can't try to collect, it just means you can't be sued.

I agree with him and he pauses.

So sir, what else can I do for you.
Well I'm calling to collect this debt.

Well sir, we have no intention of paying on this
illedged debt and it is 7-yrs old now and you said your company cannot sure, so where are we sir?

Nothing...

I add, since I have you on the phone sir, I am noticing 2 reports of a bad debt from your company,
dated 2002 and 2003 which appear to me to be the same as an even older bad debt, that your company appearly re-aged.

He says they can't do that, they can't re-age an old account.

I said, I know this, this is why I'm bringing this to your attention now. We will be re-running our free credit reports in Sept 2006 and I sincerily hope
I don't see these on there sir. Or I'll be forced to write some letters to your company and the FTC.

He says thats up to you, if you want to do that.

I said ok, just figured I'd give you and your company
a chance to correct this mistake, seeing how back in
May of 2004 you company got caught, and fined 1.5 million bucks for doing just this.

I hope it won't come to this, in our case sir,
because if they are still on her CR, I will retain a
laywer and sue your company.

(gasp) "Click"
----------------------

To all who read this, if you are in the right...
and know your rights...
there is nothing they can do to you.

Thanks again to all who aided in this situtation.
We'll see what comes in Sept, when we run the CR again

Regards,
John

PS: 'Justme', I'd join if we had a big battle ahead,
I was just looking for some good info, to be sure I was correct in my thinking of the laws.
Many thanks again...

Glad you stood your ground with them and let them know that they won't get away with reporting the account with it past sol. collection agencies don't like it when we fight back and know our rights. It makes their job alot harder to screw a person over. NCO is one of the worst collection agencys around.

I had credit card for a dept store. CA has been calling trying to collect. The last payment was in 1998. I live in North Carolina. WHat is the best avenue to take.

Send them a DV letter along with a C&D letter, this debt is beyond the SOL.

If you are 100% that this is beyond SOL and reporting period, I would skip the DV and go straight to the FOAD Cease comm.