Rewritten, in case I didn't write well enough before to explain and find out what I'd like to. I wish I had found this site sooner. I recieved a collections letter a not too long ago, from a place called Debt Recovery Solutions, LLC stating: "You're account was acquired by (DRS) through a purchase of various deliquent recieveables from (Original Creditor), Etc.", and the standard list of reply "options". It appears they are trying to collect on an old $252.00 land-line type acct. from around Aug., of 2001. - I am in N.Y., the Acct. was in N.Y, This CA is in NY. - Called + cancelled acct. approx. Oct. 2001. Think it went to a CA around end of 2001 or early 2002. - Never spoke on the phone, or dealt with anyone thru mail on this matter. - No previous payment(s) made. - If I try to check the acct. # over computer with the OC (like when I pay my current one each month), no record is found for that #. Also: - Just checked a free yearly Credit Report with Experian, Nothing negative reported yet. - (Same type of CR check at Trans Union 6-8 months ago was "clean" too). - "Legeal-ese" confuses me often, info I've managed to find says N.Y.'s SoL is 6 years for something like this...if the info was right? I am permanently disabled, single + live alone, and extremely limited with how/when I can do things. I wouldn't even have worried about this, but I actually have decent credit now for the first time ever. Because of that now, I'd hate foul it up doing something drasticly wrong, but also prefer to keep anything done as simple as possible, and avoid a big ordeal. I'm unsure about: - The best way for response (if any at all)? - IF I request Validation, would it be creating new 2-way "activity" + reset the SOL to hit my Credit Report with a bad entry? - What would/could happen if I simply sent their letter back and "paid them off" to get rid of it once and for all? (I consider actually doing this now if necessary, just as a way to be done with it all + move on...but am concened what possible effects to my current status and/or my credit card accts., considering everything else. If just paying them off would screw it up... if so, how badly, for example)? -OR- - Request validation, and IF they do, then just pay them off? (Same concerns as above, though...). I'd greatly appreciate any help or advice, or even just a pointer in the right direction, as I'd have to decide soon, with the time it takes me in my condition. Bad enough everything would have to be done by Regular Mail, as I have no way to go anyplace, like Post Office, etc. before "30 day" type periods go by. I'm not good on the phone, so I do most things over the computer now, because of that. They only provide payment options over the computer though, nothing for other types of communication...naturally. Would anyone here be kind enough to provide any insight about what I'm unsure about, if possible? I hope this ok...
First, thank you very much for responding. Nope, not yet. I checked on 6/26/09 (Experian), and nothing about it had shown up yet. I checked about 6-8 months earlier (Trans Union), too...nothing bad on that report, either. I'd like to keep it that way too, if possible.
When does the time limit on putting a "paid collection" on your report start? Is it the same as seven years for reporting the original collections account or is it something else? Because isn't paying on the account an activity that can be reported?
As mentioned in the OP, it is one thing I am indeed considering...but before going that route.... This is exactly the kind(s)s of thing I am unsure about, with regard to just paying it off, or doing anything else....especially since my Cred. Reports have been clean for at least a couple years now, and still are. I want it to stay that way, if possible. But (with this acct.'s age + all the other facts considered), I don't know if: - Asking to Validate would restart that kind of activity or reporting period? - Simply paying would restart that same kind of activity or reporting period? - Or, if I should just not respond and risk new activity, due to it's age/SoL?. I'd like to deal with it one way or another, to get it off my mind for good. I don't need the added stress in my condition. But I'm not sure of the best way(s) to do that, and make sure I'm not going to mess up my decent credit position now...?
While waiting for further response here, I had one other quick question.... If a letter is recieved that's dated on the 5th of the month, Would Mailing it at a Post Office (Registered + RRR) on the 3rd of the following month be considered as meeting a "30 days to respond" period?
A DV does not re-start any statutes of limitation, be it credit reporting or litigation. I suggest determining the 30-day period using numbers in their favor. For example, if the letter is dated on June 1st and was postmarked June 3rd and you received it June 5th, assume that to meet the 30-day period, they must receive the letter by July 1st. This may not necessarily be the way the courts see it, but for my own comfort, I always prefer to err on the side of safety. Since you're past the 7-year reporting period, I'm guessing that you're just being trolled. They contact people with ancient debts to see who can be scared into payment, even though the debt may not be valid. They wouldn't do this if it didn't work. My advice would be to DV the debt, if you're within the 30-day window. Send it CMRR. If they validate, check your state's SOL on litigating over debt (I believe NY is 6 years). If you're outside the SOL, send them a C&D or just stop responding. The reason I suggest this is that paying the amount MAY (but shouldn't) restart the reporting. Being past the reporting period, why take that chance?
I saw that with regard to cellular charges....but this was (originally) involving a land-line. Thank you, ever so much. That, combined with everything else, explains pretty much everything I was concerned with. I was determining the date(s) the same way (also) to be safe, but wanted to double-check to be sure. Just earlier, another place I was checking in the meantime, gave identical advice almost word-for-word....so that is exactly what I plan to do. I want to thank everyone again, for helping me learn, understand, and confirm what I needed to. For someone like me, just that alone goes a long way towards settling my nerves, and I appreciate that.
Always glad to help. Debt collectors thrive on fear. By getting your nerves back in order, you've already taken away their single most effective weapon. Good luck! Feel free to come back and tell us if anything changes!
Yep, I plan to keep looking around, while waiting to see if anything further happens. Seeing so much that goes on, there seems to always be something new to learn, at some point. The sample DV Letter (with attachment) was very helpful, and made for a good guideline for a letter to send. That and another example helped me write one, with my own wording according to the matter at present. Nice to have examples, so as to not make a mistake and say the wrong thing(s).
Just my $.02 on this. I would definitely NOT pay it as that is likely to do more harm than good. Worst-case scenario, you get a "paid" collection added to your credit report that will ruin your credit for the next 7 years. What I would do in your place: 1) the 2-yr SOL is for common-carrier telecommunications (land line, cellular, whatever) charges. So they can't really sue you for it. (search this site for the legal citation). 2) the 7-yr limit or reporting to the credit bureaus starts from the DOFD (30-days after your first missed payment), So they can't put it on your credit report (without risking a law suit). (this is in the FCRA). 3) the 30-day time to respond starts when YOU receive the letter and become aware of the collection (not when they sent it or when they dated the letter). (this is in the FDCPA and backed up by a few cases). So... I'd send them a dispute and C&D that says: a) you dispute this alleged debt in its entirety (this puts it in disputed status) b) you request validation pursuant to the FDCPA (this means they can't pursue collection activity until they validate, which is unlikely) c) it is inconvenient for you to receive phone calls about this debt at any time of day and at any telephone number (this prevents them from calling you if they do happen to provide some sort of validation. d) you do not recognize this debt as being yours or being valid and even if it were valid, the time to file an action to collect on it has long since passed. don't sign your name, but include your address so they can send you something if they are so inclined. Send it CMRRR and it'll probably be the last time you ever hear from them.
ccbob, Thank you, that's interesting to know. I had only seen mention of Cellular-type charges, when related to the 2 year Federal SOL. I'll have to look for that info mentioned, indeed. As for the letter, that's close to what I ended up writing. I tried to keep it short + simple (co-incidently after seeing another of your replies elsewhere with a letter example...): My Name/Address + Their Name/Address at the top. Date below that, and RE: (Acct#/OC name exactly as listed in their letter). "To Whom it may concern," " I was writing to respond to their letter (dated mm/dd/yr). It was the first letter I recieved from them, regarding this matter. This letter is not a refusal to pay, but is Notice that I Dispute this Debt in it's entirety (Acct#/OC Name as listed in their letter), and am Requesting Validation in accordence to the Fair Debt Collections Practices Act. Thank you." (I did however sign + date underneath, w/name + date printed below sig. line). That's the letter, virtually word-for-word. - Thought to mention to respond in writing only, but figured that IF they ever actually validated, that would have to be sent in writing anyways. (Besides, I'm always "Not at home", unless I know exactly who is calling and why). - For any mention of SOL, thought might be better to wait, see if they even ever try to Validate properly...and what date(s) they "try" to provide first, if they did. Actual Mailing of the letter at Post Office (CMRRR) would still be a few days before the date on their letter. Actual arrival here was almost a week after that date, as it was time-stamped/postmark on the envelope. Being sent CMRRR, I'd think that would prove my mailing date. As I will be making copies, I could remove the Signature/Date at the bottom,if it would be better? (For me, it's always just been a habit to sign a letter I've written...).
