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Discussion in 'Credit Talk' started by Erica, Aug 24, 2001.
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I sense, although am speculating a bit, that you asked for the supervisor shortly after the collector said no? If that is the case, I can see why she didnâ??t T.O. the superâ?¦ You may have snatched control away, just a tad prematurely. You see, when a collector gets a reputation for losing control to soon and often? Management sometimes steps in, and if the problem persistsâ?¦ Itâ??s want-ad time!
Nonethelessâ?¦ Itâ??s good to be the queen (one in control), isnâ??t it?
Just remembered something, I called back and asked to speak to a supervisor. A really nice guy came on the phone and wanted to know if there was anything he could do for me. I told him what happened, and he listened. He said the same thing the other gal said, but I wasn't about to argue with him.
He didn't know anything about the NY 5-year rule. Is there someone that could point me to the particular statute that this is in? For clarification, it is the 5-year PAID collection/charge-off/judgement rule.
Anthony, I was on the phone with her for a good 5 minutes before I asked for a suprevisor. Yes, I did get aggressive after about the 15th time she told me no, but all I was doing was asking why. At any rate, although I don't like being cut off, it sure feels good. I almost wanted to tell her that the converstion was being recorded. hehe
I had an account with X.Com (around $50) that was bought by EMCC when X.com shut down late last year. EMCC sent me a bill for the balance and I paid it. Foolish me! EMCC is showing it on my CR as paid , but 60 days late. So now I have to spin up the dispute rigamarole. Anyway, about two weeks ago, I get a call from LTD Financial Services trying to collect on the very same account. I informed them that it was paid, I have the cancelled check, and they could immediately consider the matter under Dispute and that any moves taken against me or my credit would result in a lawsuit for willful violation of the FCRA. Not a word, then, Click. They hung up. God, that felt good!
Fast Forward...I got a collection letter from LTD yesterday. They have inflated the non-existent debt to over $200 now and are making demands. I am sending off the infamous LizardKing Validation Letter tomorrow. We'll see what happens. this could be fun. What a difference some education makes!
Question: In sending me a collection letter after verbally informing them that the matter is Disputed, could I have an admittedly shaky case for a violation of the FCRA (Section 809(b)- my favorite!)here?
Yes, sure enough (excluding judgments, which are 20 years reportable). What follows is the cite from the New York State website:
New York State Consolidated Code: Â§380-j(f)(iv)
accounts placed for collection or charged to profit and loss which antedate the report by more than seven years; or accounts placed for collection or charged to profit and loss, which have been paid and which antedate the report by more than five years
If youâ??d care to read the whole Act, CLICK HERE!
In laymans terms, what exactly does that mean? Is it 5 years from the paid date, 5 years from the placed date, or 5 years from the DOLA of the original creditor?
Specifically, looking at my TU report, this particular CA tradeline reads:
MERC ADJ BUR #XXXXXXX
Verif'd 10/1998 Balance: $0
Placed 01/1998 Most Owed: $432
>Status as of 5/1997: Paid Collection<
The CA is stating that I didn't pay until 6/15/1998. So with all of those dates, which one do I go by?
It doesnâ??t matter what the collection agent â??saysâ? at this point, because it appears the account has already been reported PAID as of 5/97â?¦ Woops! So essentially youâ??ve got a tad over a year to wait until it falls off, although you could attempt a dispute toward the end of this year. Couldnâ??t hurt. [;-)
(Great user name, BTW.) If youâ??re referring to FDCPA then based on what youâ??ve stated, it appears the collection agent is in compliance.
Oops! My Newbie is showing again!
Quoth the Tank Girl: "It's been swell, but the swelling's going down now!"
Tom you said any wind mills around here:
I say yeah the Collection Agencies are full of hot air.!
Yes, lbrown, and they yield to you as the authority... Windmills notwithstanding.