Ok, brief synopsis: About 4 years ago a company sent me to collections over a $100 debt that I maintain I don't and never have owed. Everyone else involved claims I do. I should have hired a lawyer four years ago, but I was young, naive and desperately poor at the time. I told them in writing I didn't owe anyone any money, they sent me a one sentence letter back saying, basically, "Oh yes you do!". Eventually I just stopped talking to them. Skip to now. Statue of Limitations has expired, the collection account is still on my report unpaid, but I no longer have any sort of documentation about this to back up a court case if I wanted to sue _them_. So I figure, what the heck, I'll call the original creditor up and tell them I'll pay it, even while maintaining I don't owe them anything, if they just agree to tell the C/A to remove it from the report. They say OK! I say Woohooo! The original creditor calls the C/A, then calls me back and says, "Uh oh, the collection agency claims that they will NOT remove the trade line. They say it's not our decision whether it stays or goes, but theirs." I called the C/A, and was told: short of dated documentation from the original creditor or myself showing the debt was paid before it was assigned to them 4 years ago, they are under no legal obligation to remove anything no matter what the original creditor may request. And, thanks for calling and asking about this, as they will make sure and note the account about possible disputes/verifies with the CRA's I may initiate after the debt is paid to make sure it doesn't slip throug the cracks. Thanks. Have a nice day. Click. She even mentioned their right to keep it on the report of their own accord was _specifically spelled out_ in the FDCPA. So, anyone know if this is true? If not, is the fact that they lied to me worth anything in a complaint or legal action? I'd really like to have this removed, but this just kind of throws a monkey wrench into it all. If anyone knows, please help me figure out where I should go with this from here.
Somewhere in the FDCPA, it says that the original creditor is responsible for the actions of the ca's they hire. On top of that, once they have gotten their money, they will stop reporting, being that they no longer have an incentive to, so in a couple months, once they have purged their files, I would dispute it as not mine. I wish you the best!
Do a validation letter to the CRA. Make them prove you owe the debt. Use the Lizardking letter. Ask for a signed contract and as much as you can. It is very likely they cannot validate the debt. I would bet they no longer have the reocrds. If they can't validate it, they will remove it. And, you won't have to pay them. It worked for me on a two year old debt. Do not let them just send you a letter just saying that you owe the debt. Be specific - make them show why you owe the debt. If they can validate, come back here for the next step in the process
Love- My hubby paid a CA $130 about 3 years ago and EVERYTIME we dispute it they verify it. So be careful about paying, they can and WILL verify especially if they know you need/want it off. KHM
