What to do about validating old debts?

Discussion in 'Credit Talk' started by slingblade, Sep 27, 2006.

  1. slingblade

    slingblade New Member

    Guys, I need some help. I guess I'm kind of functionally retarded or something, because until now, I never bothered to check my credit report.

    Now, I found out that 2 out of 3 bureaus are reporting me as deceased. When I go out to their websites to enter a dispute they ask for account numbers and other things that don't pertain. Is there ANY hope at all of getting an actual live person on the phone to discuss? Any advise here?

    Also, I have a supposed debt from, gosh, must be almost 7 years ago reported on my credit report. This was from an apartment complex to whom I owe no money, but they reported to a collection agency that I did out of maliciousness. (I've since found out that they do this frequently to collect unowed $$$ from people illegally.) When I got the original call about this, about 6 years ago (I left the apt. about 7 years ago), I told the caller that the "debt" was BS, that the apt mgr made it up for some reason, and that they better whip out on some proof that I owe a debt. They never did, and I never heard from them after that, but when I recently got my credit report, there was a note on there from the collection agency that "the matter was disputed and found to be valid." Which also must be BS, because I don't owe these guys anything. And they made me so miserable there that I would chew my own arm off at the shoulder before I paid them anything anyway.

    Now these collections have started up again. They call me on my business line 2-3 times per day, hang up on me regularly, etc. This is for a 7 year old "debt" that isn't owed, and that they claim amounts to something around $400 anyway, for goodness sake. They ask for my husband, who isn't even available on my business line, which I've told them. When I dispute this "debt" the "agent" told me that I signed a "cantruck" (this is the actual word she used...I think she meant "contract"), and made all sorts of bogus allegations about what this "cantruck" said. I asked her to send me the "cantruck" but haven't gotten anything yet, and don't expect to.

    There's all sorts of old stuff on my credit report that I don't know how it got there, don't know why it's there, don't know what it is. Some of the things look to me to be the same stuff reported again and again, with different collection agencies listed. I've moved several times, and no longer have copies of any relevent documentation, and haven't been contacted by mail either.

    There's another situation with a credit card that had something like a $250 - $300 credit line. That credit card company really reeked, so I later called them and asked them to close my account (I didn't send a certified letter because I was young and stupid.) They said they couldn't close the account unless I mailed them the credit card back, which I'd already cut up and destroyed. I told them that, they said, "too bad for you." We had words, then I hung up and never heard from them again. They are on my credit report...assigned to a collection agency...and saying I owe over $2000 on this credit card due to "interest" and "fees."

    Yes, yes, I know I've been stupid and careless.

    But I want to get better, like a 12-step program. :) So now, of course I'll keep multiple copies of stuff, and get return receipts and whatnot.

    I'm just not sure how to address all this. There's so much supposed "bad" stuff reported on my credit report (nothing within, say, the last 5 years or so though), that when I look at the pages and pages and pages and....pages...of my credit report, it's like standing at the base of Mt. Everest and looking up. I don't see anyway to get past all this, but I need to, so I can get a good mortgage loan.

    I can *maybe* clear all the debts during the coming year, I make enough to do that probably, and I was tempted to just pay them to get them off my report, but my husband is really against that, and only wants to pay debts we actually owe. As to the credit card company, my husband is adament that he doesn't mind paying the original amount, and maybe half again as much for interest/fees, but absolutely will not pay $2000 on a card with a $250 limit. I can understand his frustration.

    What can I do? I can use any advise I can get to get the ball rolling here. I'm just now sure how best to proceed.

    Thanks in advance for your help...
     
  2. pilgrim

    pilgrim Member

    Well, let's start with the easy ones! Send a letter to the CRA's and inform them that you are very much alive and ask that they correct this ASAP. In order to avoid a round of verification, send them a photo copy of identification.

    If they don't correct that in 30 days, you would definitely have the basis for a lawsuit which could get you a nice settlement very quickly.

    Next, the apartment. Personally, i would give them a bit of their own medicine. Don't dispute with the CRA's. they could get smart and correct the info. Instead, write to them and ask for evidence that the info is accurate and ask them to update the credit reporting agency. they will most likely blow you off if they are as nasty as they sound. Do this a time or two and I think you have a very nice ground for a FCRA lawsuit. In any case, don't worry - if they cannot prove it, it gets deleted. If you say that the debt isn't legit, then they can't prove it, right?

    About the fact that you have so much stuff on your report - don't worry, just start with the easy stuff (like the 2 above) and work your way down the line.

    About the credit card - did you have an open balance when you cut up the card? Ask that the company send you an account statement, a copy of your original signed contract and an explanation of all fees and penalties. Then, verify the accuracy of the information. Also, you may want to check and make sure that the credit card complied with state and federal laws regarding onerous interest rates, penalties and fees. you will probably need legal help on this one.

    Also, this one is prime meat for a settled agreement. The CA will tell you that they never do that - that you either pay or not, but they cannot remove information from your credit report that is accurate. Blah blah - they can and usually do. Make it simple - I will pay this much in exchange for a deletion.

    Another really important point - how old is that charge off? If it's too old, then it may not be collectable. if you go that route, then you may be clear from the debt, but not from the credit hit.

    It also occurs to me that the company was very likely in violation of the law for refusing to close your account. Problem there is that you have no evidence that they did actually refuse you.

    VERY IMPORTANT - DON'T START PAYING THE COLLECTIONS UNTIL YOU GET ADVICE ON EACH TRADELINE FROM A NUMBER OF PEOPLE AND YOU MAKE AN INFORMED DECISION ON THE STRATEGY. PAYMENT OF OLD COLLECTIONS ONLY MAKES THE SITUATION WORSE FOR YOU IN GETTING IT REMOVED AND IT WILL ONLY IMPROVE YOUR SCORE A TINY BIT.
     

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