Blindsided by 14 yr old debt claim
Date: Fri, 06/11/2010 - 12:03
Supervisor told me that a settlement offer had been mailed to me (in my maiden name) back on February 2nd, and that it expired on March 19th. She said it was with Verizon, and that PRA acquired this debt in 2004. (So why no call til now????) Told her (possible mistake here) that I had no idea what the debt was from, that I'd had a Verizon account back then but KNOW I would not have let anything like that go unpaid, and that I needed written verification. Also told me she couldn't send anything in writing, but I pushed back and said I would not pay anything until I, and my attorney, got something in writing to review. Asked what the amount was again - she said $335.27, but then said that this was the settlement offer and that she couldn't send anything written without an agreement to pay. Told her again I would not pay anything without further written details, and asked her to fax the information this afternoon. Also told her that if my attorney and I reviewed it and found it to be valid, that I would of course honor any debt that was truly mine.
Asked one last thing - told her I'd pulled my credit last year for a mortgage re-fi, and had just been preapproved for a mortgage (again, possibly big mistake). My credit is in the high 700s, I have no debt, why am I not seeing this on my report? She told me that because it's beyond 7 years so it won't show up here. But here's the kicker:
She then said, "You're lucky that we haven't pulled your credit yet. Once someone does, and any rep has the ability to use their own judgement and pull it at any time, they can post this issue to your credit." She said that it hadn't happened yet because they can't do anything to my credit until they make contact with me. Now that they have, they can. This got me heated - I told her that if this had (supposedly) been going on for so long, why it's just now that they've contacted me, and that what she had just told me sounded very threatening. She was very quick to say she wasn't threatening me, but I pushed back, albeit civilly, and told her that her response was very unfair and did come across as very threatening as they were asking me to pay something I had no written verification of.
I ended the call by promising to go home and turn my fax on so that she could send details in writing. I did so an hour before my promised time, could not get the original supervisor on the phone, but asked the rep at that time to fax a debt validation. She said she would within 24 hours.
So... and I know this is super long... what are my options???? This seems way past the statue of limitations (was in IL at the time of this debt, if it's mine), but I'm worried. I did have a Verizon account, but do honestly believe that I paid it off in full but have no paperwork to back it up. If it's mine, I'd pay it, honestly... I'm capable and willing, but only IF IT'S MINE. We really are preapproved for a mortgage at a great rate and will hopefully be moving by the end of the summer - it would kill me if this got in the way. If I pay it, can I be assured that it's really done? Part of me just wants to pay to not have to worry about the credit. For me, my credit score is invaluable... is it better to just pay the $335 and be done with it?
Any advice would be greatly appreciated. Thanks!!
Do NOt make any kind of payment on this whatsoever-THAT will rea
Do NOt make any kind of payment on this whatsoever-THAT will reage the debt and throw it back on your credit report. THEY CAN NOT put this back on your report if this is as old as you say. Ignore their threats they cant do anything but that, threaten. Get their address and send a DV letter and / or FOAD letter , its to old-its out of SOL for them to be able to sue for.
Yup...this is so out of SOL....send that FOAD and tell them to p
Yup...this is so out of SOL....send that FOAD and tell them to pound sand.
wow, PRA is really stooping these days....business must be slow
wow, PRA is really stooping these days....business must be slow or something.
Yes, this is WAY outside of the statute of limitations. NO, you should NEVER pay a debt collector money AT ANY TIME without getting proper written validation of the debt.
I will say this, however, you have an option right now. Please tell me, what state do you live in? Here's the thing--debt collectors like PRA have been using these illegal tactics for so long now, and part of the reason is because people do not fight back. What I would do is record their phone calls, with them telling me that they are about to report this on my credit bureaus. I would also be sure to ask them again for validation of the debt--and I would get them on tape saying "we do not provide anything in writing unless you pay us first". These are violations of federal law here. And I would get them on tape saying these things....and then I would go to my local federal district court clerk's office and pay the $300 filing fee and sue them. They now owe you $1000 and that is just for the FDCPA violations....if they have put this on your credit report, then they will owe you more because that would violate the FCRA as well.
But this is important--that all depends on the state you live in. Most states will allow you to record the call as long as one of the people on that call gives consent. You dont even have to tell them in those states that youre recording the call. 13 states still require that all parties on the call give consent. If you live in a one-party state, I would DEFINITELY fire back at them like I described.
Oh, one more thing....to guest777, they CANNOT report it back on the credit file. PERIOD. The reporting time is based on the date of original delinquency, and if you owe $500 but pay $100, isnt the debt still delinquent? Then the date of delinquency has not changed, and therefore they cannot report it again.
Thanks so much for your help, guys. I live in IN now, but was l
Thanks so much for your help, guys. I live in IN now, but was living in IL 14 years ago.
Incidentally, I called them a second time this afternoon because I realized I never got the name of the person who told me she'd fax the debt validation. Asked to check that my DV request was in my file, and it was. Got his name and recorded date and times of my calls.
And no, nothing's been faxed yet.
the SOL goes by where you live now, not by where you lived when
the SOL goes by where you live now, not by where you lived when this all began. And in IN, SOL is 10 years for written contracts, and thats the longest SOL that IN has. So youre definitely in the clear on this one. But this doesnt become a violation unless they continue to make collection efforts without first getting that debt validation to you.
Thanks skydivr. My plan is to work with them if they seem on th
Thanks skydivr. My plan is to work with them if they seem on the level and can prove that it is my debt. I don't run away from my obligations, but I need some hard proof that this is mine. Still waiting for the DV.
Listen up to the advice, this is not about running away from a d
Listen up to the advice, this is not about running away from a debt. It is 14 years old, not owned by Verizon, and was bought by a low life junk debt buyer.
Do NOT pay these scum. Send a cease and desist and be done with it.
obviously passed the SOL (statute of limitations) as well.
obviously passed the SOL (statute of limitations) as well.
Quote:Originally Posted by AnonymousThanks skydivr. My plan is t
Quote:
Originally Posted by Anonymous Thanks skydivr. My plan is to work with them if they seem on the level and can prove that it is my debt. I don't run away from my obligations, but I need some hard proof that this is mine. Still waiting for the DV. |
I would like to offer another piece of advice.
It is very admirable that you want to pay the debt if it is legitimate. However, you need to make them prove three things before you send them any money.
1--that the debt is legitimately owed by you.
2--that they have the legal entitlement to collect on it.
3--that the amount they claim you owe is true and correct.
If they do not prove any one of those three things, you should not pay them anything. here's why--there have been cases where debt collectors pull your credit report for one debt, see others on it, and then start calling you to collect on those too. Problem there is that they arent legally allowed to collect on those other debts....so, if you send them money, all they did was steal from you and the debt actually remains unpaid as a result. The amount, well, that is pretty self-explanatory, it is fairly common for junk debt buyers to inflate the amount they are trying to collect and that is not legal. And to be honest, I will be VERY surprised if they can properly validate a 14 year old debt....most debt collectors cannot properly validate a debt less than half that old.
So... not surprisingly, they never sent the debt validation. We
So... not surprisingly, they never sent the debt validation. We went about one week without a call, but I've started to notice strange numbers popping up on my cell again. One Monday, one yesterday, and two today. I would have written a letter asking for the DV in writing, but quite honestly have been so ridiculously busy at work that I've not had the time (long story and beside the point, so will not go into here).
One question: have you just sent the letter to their general address? I do not have ANYTHING in writing, so no contact info for them. I want to make sure this gets into the right hands, so any advice you guys could provide would be really appreciated.
Thanks!