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Duplicate Entries/Reaging Question

Date: Tue, 07/21/2009 - 03:52

Submitted by anonymous
on Tue, 07/21/2009 - 03:52

Posts: 202330 Credits: [Donate]

Total Replies: 1


Hello, all.

I am in the process of trying to resolve several outstanding negative entries on my credit history. They're the worst kind. They're all for less than $1,000 (most under $500), and the result of a calamitous mail forwarding (or lack thereof) when I moved several years ago.

Most are within months of "falling off". I've actually made efforts to "make good" by contacting each of the creditors or their collection agents, fully willing to repay the full amounts provided I could be assured that doing so would not jeopardize them or subject them to inadvertent (or deliberate) "re-aging". All are past their various SOLs, so legal recourse is not a concern.

I was very fortunate with two. Both were local physicians whom I knew very well and whose offices turned-over the accounts for collection as S.O.P. when their bills went unanswered. Had the doctors known, they would not have brokered the debt to begin with. I've paid them both, and both have agreed to NOT validate the debt obligations when I challenge them through the CRAs and request validation from the CAs. As I know them personally, I am not concerned about them not acting in good faith.

One other business has apparently decided they're too prosperous to accept my paltry $190 (as is their right to do). Even after offering in-person to pay the amount plus heavy interest, I was summarily dismissed and will wait for the negative entry to "fall off" in a few month's time.

That's the "good" news. The bad news is that two promotional credit cards I obtained during the same period (and last used in early 2003) has since been sold to an agency who, despite being beyond the SOL, is attempting to collect (which I stopped); but they've also re-aged the debt to show dates that must coincide with when they bought the debt to chase. I've certainly not acknowledged the debt (at least in any way that I can recall), as I would have only discussed ANYTHING in the hypothetical and insisted upon information being presented in writing before responding in any manner whatsoever.

I've three specific questions that I hope folks can help me better-understand after not having been able to find more-detailed information.

1. Is it valid for my credit history to contain two negative entries for the same debt (i.e. one for the credit card issuer and a second for the CA to whom they sold the debt)? If so, how can I have one of them removed, and can this be done through the CRA alone?

2. I've begun the process of disputing the entries via the CRAs and sending Debt Validation Requests to the CRAs. Can anything be gained by calling the CRA directly (which can be done immediately) to advise them I am aware of their misstatement of the debt's date?

The CAs involved are NCO and ESM. As I wrote, since the SOL has elapsed, they're not undertaking any collection activity beyond whatever they can gain by leveraging a reaged negative credit history entry. As there's nothing they can compel me to do legally, my credit history is the only thing at risk. The very worst outcome I'd hope for is that each debt appears once and is aged correctly, though I'd gladly pay them off to have the entries removed altogether.

Any advice and specific guidance would be greatly appreciated.


First of all, if your debts have already crossed the SOL, you should not make even a small payment towards them. This is because, if you make even a single payment, the SOL will rewind and the creditor may sue you to the court to recover the entire amount along with interest charges.
Quote:

Is it valid for my credit history to contain two negative entries for the same debt

Yes, both the creditors and the collection agencies can list themselves in your credit report. However, both the listings may stay in your credit report for seven years and six months from the date of your last delinquency. You can try to remove them from your credit report by disputing it with the bureaus.


lrhall41

Submitted by SC on Wed, 07/22/2009 - 04:20

( Posts: 3937 | Credits: )