Have a couple of utility bill collections showing up from 2008, 2009, 2010. All are past SOL in my state. Trying to decide what to do with them since the OC is still reporting them each month (ironically all except the largest one which hasn't reported since 2010). They range from $99 to $2K. Not sure why they are all there since four(4) are from the same company and I never had more than one account with them? Not sure if I should try to bargain with them for deletions for paying, dispute, etc. I have low-mid 600's FAKO scores due to having no active trades except a current/no lates mortgage account. Don't have any particular urgent credit needs at this time, but trying to get my scores up so I can get a decent card or two. Anyone?
Yes. They all have different account numbers and not even the same # of digits, additionally, the open-date on two of them is past the date in which I was even living in their servicing area. Something seems quite wrong. Also, I was wrong about SOL: two of the four are still not beyond SOL until April and Sept of this year. Both are small amounts though: $115 and $490. The largest one ($2100) has past SOL last year. I'm unclear what my best course of action is at this point: a PFD or dispute with OC and/or the CRA. 3 of the 4 accounts are regularly reporting to all three bureaus. Due to my score issue probably being more about active trades than these older collections, maybe I should leave them alone for now?
If the reporting is at the OC, then the FDCPA wouldn't apply. The FCRA doesn't prohibit reporting information that is past the SOL. If they are actively verifying the data, most likely they still also have the data within their systems because of their Document Retention Period, typically five years. If you are still within the DRP, chances are a simple or even a more complex dispute (such as the one in Johnson v. MBNA) would still be able to be verified, and that could leave you without future options to get rid of the account. Now, if a CA comes into the picture, it could potentially be misrepresenting the legal status of the debt, and the one post in my signature could also be of value.
Thanks. It's still reporting by OC and there's no CA involved at all to this point. I was thinking about calling them and offering to pay the legitimate account(s), but I want to be sure I get deletion in exchange since they are quite old at this point. I suppose calling them to figure out their demeanor wouldn't hurt, but would ultimately not wish to settle unless I had assurance in writing. Any thoughts on how to proceed?
