CA calling about debt past SOL, will keep trying to collect?

Hi John

collection agencies can put inquires in the credit file. This can serious hurt the scores. But if a CA is doing this, the inquiry has to be a legitimate one. They must not report incorrect information to the bureaus.

I am assuming that if the SOL is over after six years, this item is very close to be off from your file after seven years reporting time. Did you check on that? Accurate negatives should not stay in the file after seven years reporting timeframe.

Hi Incred,

It is already off the CR. Well past the 7-yr mark.

She even said that the wife's CR looks very good and
that a CA making an inquiry would look bad on her CR
to other credit agencies. That's my concern.

The gal made it sound like she and her company can and/or will, make inquiries/checks on my wife's CR and
that, in itself, would reflect poorly on her CR.
That's why she should payup.

My wife has a score of something close to 800.
780-790 something.

J

Also, we will be running our free CR's soon.

Just to double check any of this.


Last years showed everything
would be off as of Feb '06. (7-yrs)

The company sounds to be doing something that is against the law. They have no legal cause to report it now once. Things will become wrong only if a payment is done towards the account. The item that is already removed from your file will be inserted again.

Thanks Incred. That's what I thought.

I will be running our reports this month and see
just what is on them.

If they are doing checks/inquiries on her CR,
what should we do about it ?

Will just them checking her CR hurt her?

Thanks,
J

They can inquire and report it onto the her report for up to 10 years.

Thanks FYI.

Will inquiring on her CR, hurt her rate ?

Thanks again,
J

Yes it does. Especialy if it is a collections agency. And I need to retract part of my statement. They can inquire past 10 years. However they can only have it listed for up to 10. It's possible for things to fall off after 7. It just depends on if they want to go through the motions of keeping it on there for the next 3.

Thanks again FYI.

Here's some more info on this topic. Thanks to this site and the things learned, I called them back again.

Spoke with a Natasha from
Portfolio Recovery Sys last night. (877-803-0025)

Stated all the same info to her, like the gal from last month. No intent to pay illedged debt,
past the SOL for open acct 6-yrs in CT, and past 7 yrs now and should be off the CR too.

Back and forth with another morals lesson with her about this money is owed, blah-blah.
This is the only thing she can do, because she can't go after her in court, since it's past SOL and we are aware of that fact.
Asked her to ceist and deceist from calling and to
only send mail at this point. Refused said she'd call.

This time however I also asked for validation of the illedged debt. 3 or 4 times she RUFUSED to validate.
Saying, you know it's owed, I'm not going to send you anything 'because your already saying your not going to pay it anyway'.

So I said, since you are rufusing to validate,
and you know there's no intent to pay and it's past the SOL and your company can't legally do anything,
why would you bother to continue to call?

Stated she will continue to attempt to collect.

In the end, I wished her a good night and she added she'd be talking to me again soon. ( because I called her company 2 times now to get this to stop)
Thinks I call again... I'm not, I'm about to find those letters on your site and do the certified w/return receipt to ceist/desist from calls.
*****
Why would a CA keep calling when they know it's past the SOL and the people know it ?
Like beating a dead horse..
Silly.

Regards,
John

They may not be able to report the debt if it is more than seven years old. But if it is a legitimate debt (regardless if the SOL has passed) they can still try to collect on it. As such, collection is a permissible purpose to make an inquiry into someone's credit file.

Another lender making an inquiry would know it was a collection agency, because all of their subcodes start with a "Y".

But there shouldn't be a reason for them to keep pulling your report every day or every week. I would think that amounts to harrassment.

Thanks Mike.

So basically to stop the calls, I send a ceis/dis letter and say only comunication via mail.

Since the original illedged debt is past
the 7yr mark and off her CR,
if the CA inquires and the original is not reported,
can we get theirs removed?

Can a CA legally do inquiries on a debt
that is no longer reported on her CR?

I just don't get why a CA would continue to try
to collect on an account that is too old and
the people know the laws. It seems pointless to me.
A waste of valuable time and energy.

Thanks again,
John

A second question.

I want to send the C&D letter to them, (for calls)
but they have 3 offices.
Are they all into connected ?
Could I simply send it to any of the 3 offices?

All I have is phone calls saying call 877-803-0025
and a company name of Portfolio Recovery.

John

They continue to collect because a debt is a debt until it is paid. It doesn't matter how old it is. You can not get their inquries removed from your credit report, as long as they have a reason for doing it. They usualy do it once every 3-6 months to remind you that yes they still have your debt or to see if you have a new place of employment, bought something new, have a new number.. ect.. they can easily come up with a valid and legal reason for pulling your report.

A C&D letter is pretty much just going to get your debt sold to another company. It might not happen quickly because of the age but it won't take them long to find a company to pay a few cents on the dollar for it. Things like these trade hands for years and years.

Interesting.

Again the deck is stacked against us...

Thanks again FYI.

John