Can they come back after removed from my credit?

Discussion in 'Credit Talk' started by burn1212, May 13, 2015.

  1. burn1212

    burn1212 Member

    So I spent about 2 years having incorrect items and old outdated items get removed from my report. The outdated items were easy, I disputed the incorrect ones, they took a bit, but eventually I got everything removed from my credit report that should not have been there.
    Even one I came here for advice, but it did get removed.

    Anyway, fast forward a few more months, and my credit score is now 788! yay

    However, today in the mail I received a letter from a debt collector, one who had an account of mine that was past the SOL for my state, and was removed last summer from my credit report (this was one of the easy ones to remove)

    Their letter today is for the same debt, same amount, and they are offering a payment plan, stating the debt is too old to sue, but they will continue to report on my CRs if not paid in full by the end of the month.

    Can they re open an account that was already past SOL, disputed and removed almost a year ago? This cannot be legal.... Not sure what to do (the original account was from 2006, this new letter states the account is from 2010)
     
  2. jam237

    jam237 Well-Known Member

    You have to remember that there is a difference between SOL and the REPORTING PERIOD.

    You also have to remember that there is a difference between accounts when they are transferred or assigned to a new company.

    My first question however is, did you send a VALIDATION letter to the first collection agency? (Or did you only dispute the tradeline through the CRA?)

    This is a key difference.

    *I* focus on the following provision...
    namely, the cease of collection activity upon receipt of a demand for validation, and until they've obtained from the original creditor and mailed the validation to the consumer.

    If it was me; I would send them a draft suit with a letter that you intend to file said suit, immediately, if they do not cease collection activity until the previous CA complies with their obligations to obtain and mail validation obtained from the original creditor. They have a choice, you can sue them for $1,000.00, they have a debt that they can't sue you for, by their own admission for even a penny. What do you think their choice will be?
     
  3. jam237

    jam237 Well-Known Member

  4. burn1212

    burn1212 Member

    So, what happened with this one, is I mailed a certified Validation letter to the CA. They did not respond. I sent a second 30 days later, no response, and sent a third, which was returned to me via, no pickup.

    I then disputed through the CRAs, sending proof of my attempts to obtain verification, and got a response from all three that the item was deleted from my report (Experian/TransUnion said due to SOL, Equifax said it was due to no verification)

    So it was removed, and I never heard from them again, until yesterday, and it is the same CA. Only difference is their letter now states this "original account" from the OC is from 2010, which is not true, it was from 2006 originally. Not sure how they can change the date, as 4 years makes a huge difference with the SOL for my state.

    I will attempt the letter you suggested.
     
  5. jam237

    jam237 Well-Known Member

    Ok, so if it was me, I would send an ITS with a drafted complaint, for

    Continued collection activity.
    Misrepresenting the amount, character, and legal status of the debt.
    Threatening to report false credit information.

    I would demand that they have less than 30 days to send me $1,000.00 for violating the FDCPA, and if they report the account, to any credit reporting agencies, they'll have additional $1,000.00 worth of damages for every single time that they verify the information that they are reporting, on each CRA (so, yes, that's $3,000 per month, if they verify the information to all three of the CRAs).
     

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