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CA calling about cc no longer listed on credit report

Date: Tue, 05/01/2007 - 17:47

Submitted by jgherron
on Tue, 05/01/2007 - 17:47

Posts: 11 Credits: [Donate]

Total Replies: 19


I had a credit card that was written off in 2002 and recently received a call from a CA about this account. The CA pulled a copy of my report on 4/19. Over the phone, the CA stated that the debt was listed on my 'bureau'. I paid for a report from all 3 bureaus and the debt is not listed on any of these.My report was on 4/29.
Could this be a ploy to find money. Is the CA able to wipe out the old creditor (citibank) and put their name in the future? Advice?


A CA cannot change the info provided by a different entity. If the CA owns the debt, then they can put the account in collections on your credit report, and it should stay there for approximately 2 more years (7 years from the date of the charge off, or last payment, whichever is later).

Send a letter, return receipt, demanding validation. Send a separate letter, also return receipt, that restricts communications from the CA to letter form only.

What state are you in? There's a chance that the SOL has passed, and they would not be able to sue you for payment. If that is the case, then you would be within your rights to send a cease and desist letter (again, use return receipt mail) to them.


lrhall41

Submitted by Morningstar on Tue, 05/01/2007 - 18:59

( Posts: 1633 | Credits: )


ok, there are some other things to consider here. First, they did not specify the bureau--there are three national credit bureaus, but there are also many other smaller ones that do not report nationally. They may have listed you on a different one.

Second, if you did in fact have this account, and this is a valid debt, then they simply took over the account from the previous creditor. It happens all the time. Your first step should be to send a validation letter. At the same time, send a letter that states very clearly that you wish only to be contacted by mail, no phone calls. Keep copies of these letters for yourself and send theirs by certified mail. Your next step after that depends on their actions. If they violate federal law by not honoring your two letters, you can then sue them. If they properly validate the debt, then you can look at other things. SOL in your state is 6 years, so this is cutting close there, but you may be able to use that.

something else you may want to consider--your credit report. Most entries are allowed to stay on your credit report for 7 years. That seven years is from date of last action--so if you start paying this back now, this CA can legally report this account negatively on your bureau for the next seven years. Just a thought--even a paid collection is still a collection and hurts your score.


lrhall41

Submitted by on Fri, 05/04/2007 - 22:16

( Posts: | Credits: )


As long as they thought they had a valid account,they coould pull credit. If it turns out that they did not have enough to validate I would dispute their entries with the credit bureaus stating that the agency could not prove the account. If they verify with the bureuas,get an attorney as they have now violated fdcpa&Fcra.


lrhall41

Submitted by cajunbulldog on Thu, 05/17/2007 - 05:06

( Posts: 4850 | Credits: )


There is no time limit for you to dispute an account.Per the written laws if you dispute within 30 days,they must cease collection efforts until they validate.If the dispute is sent after the thirty days they can continue collection activity,but if it is on credit report,there must be a notation that shows account in dispute.


lrhall41

Submitted by cajunbulldog on Fri, 05/18/2007 - 05:25

( Posts: 4850 | Credits: )


If they verified that tradeline after receiving your validation request,they broke the law. Since you have sent your paperwork in they are not supposed to verify a tradeline if they have not validated the debt.Contact the credit bureaus with a written letter demanding to know their methods of verification(name,address,etc) as is your right under the Fair Credit reporting act.I would also contact naca.net for a consumer attorney referral since you now have violations that can earn you money and deletion of account info from reports with the proper settlement.


lrhall41

Submitted by cajunbulldog on Mon, 05/21/2007 - 04:49

( Posts: 4850 | Credits: )