Hi everyone. Im all stressing out. I used to have an AT&T universal card. that was in 1991. more than 15 years ago. I never paid it off cause I didnt have a job and my credit was really bad for those 15 yrs. Now im back on track and im getting offers from companies and getting car loans. that charged off account was closed and erased from all my credit reports. I checked each and one of them. it had been more than 7 yrs since the write off and the credit agencies agreed to erase it from my records. I figured that was the end. last month someone had checked by report with transunion (NCO financial) and I called them to ask them why they had checked my report and no one knew or could give me an asnwer. so turns out NCO sold my portfolio to this company called "Portfolio Recovery Associates", they are a collection agency too and it says " congratulations you are now our member, we purchased your account from NCO financial and tHEY WANT ME TO PAY 1,400 DOLLARS! they said I had 30 days to dispute or whatever to do. so what should I do? I really dont want to talk to them. I find it odd that just when my score went up this account comes back. its not even in my report anymore. the letter reads like this. "July 29, 2005 balance: $1411.46 CITIBANK UNIV We'd like to welcome you as a new costumer to portfolio recovery associates! Portfolio recovery associates, LLC has purchased your account from NCO PORTFOLIO MANAGEMENT INC. on 6/30/05. Interest continues to accrue on this account until the account is satisfied. The stated balance includes interest as of the date of this letter" please someone tell me what to do and fast! I cannot afford to get this on my report. I had it erased from my report (universal AT&T card) 4 years ago. and it was writen off so long ago, like in 1998 or less. so what should i do then? miller.
Dispute in writing, with CMRR, because this is definitely past the SOL. The CA figures this is easy money - "zombie debt" - and that you won't know that you're covered. Tell them, in no uncertain terms, to go pound sand and to cease and desist. Do everything in writing. Keep all correspondence, including envelopes, and document everything you write. If 'someone' made a hard inquiry on your credit report, without a permissable purpose, that's a $1,000 violation and that, alone, may be worth your time to follow-up on. You have every right to demand the compensation from the offending party.
Thats a heck of a coincedence.. My wife just recieved a statement almost identical to the one you recieved.. She said that was taken care of before we were married 10 years ago... I looked through an older report of hers and did not see that account anywhere.Which was what my wife had told me. I also noticed at the bottom of the letter that they are affiliated with Anchor recievables Management by common ownership. .She also had an increase recently to her credit rating and had purchased a new vehicle.. We have not checked it in awhile but I will bet that this company pulled an inquiry on her to..Sounds kind of fishy to me. I will get hers going.if i can figure out whats going on I will let you know.. maybe you can do the same.Seing as we have asimilar problem. frioguy
I took a look thru all my wifes old paper work. Hers was AT &T card also.NCO originally had it in 2000...Has not been on any reports as of last year..We are in the process of pulling a new one to see if they did the same thing to us..Since they sent her a Collection Notice I,m sure something is up.Psoitive the SOL is and has been up...Will let you know if its the same as yours.
Thanks so much. yes NCO financial systems inquired my credit report without asking. I am about to send them a letter to remove it and I did the same with transunion. My debt is SOL and I need to know exactly what to do. A sample letter would be great. Keep me posted on your wife's accounts. odd how similar they are. Seems that NCO sold my account to them on cents on a dollar and like someone said its a zombie account. these people are dirty animals! Miller.
Heres another update on this. I had been going through alot of old records looking for receipts etc last night and this morning... I definately found out it was At-T as the OC.. NCO had taken the account shortly after charge off status.. Luckily in the file we had on that account we also had an Expirian CR (and had highlighted it for quick reference)that showed that the ccount was scheduled to continue on account until 2003... When i found that I new there was something fishy going on.... Time to send out letters.It sure would be cool to slam it to one of these CAs.... Will keep you posted frioguy
"CMRR" is Certified Mail Return Receipt Requested and it's worth the extra $$ to have a paper trail. As I said, from the facts you've presented, this looks like "zombie debt" and that the current CA is hoping you'll not know they have no legal standing. This account is past the statute of limitations and the general MO for these characters is to make a mass-mailing, with the hopes a few vulnerable uninformed suckers will bite. Then they rake in the easy money. In this situation, you have no need to "prove" anything to this correspondent. Enclose a copy of *their* letter, send a very business-like letter simply telling them that you dispute their entire claim of a debt and that the account that they have referenced is beyond the statute of limitation and to cease-and-desist. My recommendation is to write a letter that you wouldn't be embarrassed to have read in a court of law or to see on the front page of the largest newspaper. Be serious, be factual, clear and concise. It is important to include two clear points: one, that you dispute this debt in its entirety and two, that this account is past the statute of limitations and they [name the CA] are to cease and desist further contact with you. Look at it this way, anyone can claim anything but the law [SOL, statute of limitations] is on your side. Keep the paper work. Keep the letters, envelopes and make copies of everything you write. Just file it away and keep in mind that somewhere along the way someone else may try to resurrect this "zombie debt" with another business-name. Make a copy of the postal receipt of the mail cost, make a copy of the green card, attached by staples to letters/copies and file, as needed. But keep it all. **Records are our friends. ** If it's sold again, and it could be, just go through the same procedure and keep the written record. Tell them to go pound sand. Also, the second issue is NCO pulling a hard inquiry on your credit report. Separate the two issues. One is the current CA, the other is the hard inquiry. IF there was a hard inquiry, you have the right to demand an explanation from NCO. If the facts are as you say, it looks like there could be $1,000 in it for you if you follow through on the violations and make claims. You can be a pro-active consumer, but only you can make that decision.
<<I am about to send them a letter to remove it and I did the same with transunion. My debt is SOL and I need to know exactly what to do. >> Keep a copy of the original TransUnion report, WITH the NCO inquiry and send a demand letter to the head of NCO corporation to know their "permissable purpose" in pulling your credit report. The web will have the name and address of the current NCO CEO. In your letter to the CEO, you could say......" upon reviewing my TransUnion credit report, I noticed that NCO obtained my credit report on xx/xx/05 . I did not authorize this inquiry. Please IMMEDIATELY DELETE the inappropriate hard inquiry from my TransUnion. credit report. Please arrange for payment of $1,000 by XX/XX/05. Unless both of these remedies are supplied by XX/XX/2005, I will be forced to file suit against you for numerous willful and negligent violations of federal law, state law and my rights as a consumer. § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] (a)(1)(B) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater; Regards, Mr. XXXX Address Inclue a cc to the FTC Additional info: § 619. Obtaining information under false pretenses [15 U.S.C. § 1681q] Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both. § 621. Administrative enforcement [15 U.S.C. § 1681s] For the purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act, a violation of any requirement or prohibition imposed under this title shall constitute an unfair or deceptive act or practice in commerce in violation of section 5(a) of the Federal Trade Commission Act [15 U.S.C. § 45(a)]... ---------------------------- ---------------------------- Send your demand via CMRR, and I'm sure you'll get some reply and you can, if the facts are as you state, take further action. AND keep copies of every receipt, letter and document your receive or send.
thanks for everything. this is what the letter looks like. Portfolio Recovery Associates LLC P.O Box 12914 Norfolk VA 23541 August 10, 2005 Account: 53987100525**** CITIBANK UNIV To Whom It May Concern: Thank you for your recent inquiry. This is a notice that your claim is disputed and will not be paid under any circumstances. This debt was written- off by AT&T Universal Card and itâ??s over 10 years old. This debt was sold to you by NCO Financial Services Corp Illegally and I am pursuing damages from them at this moment. They made an unlawful inquiry on my Transunion credit report to sell this debt for financial gains and purposes. The Rules of Civil Procedure of my State of California provide a Statute Of Limitations limiting the time frame for any legal collection activities. Please be advised that under the TILA § 15 a credit card account is legally defined as an "open" account. The Act is in Title I of the Consumer Credit Protection Act and is implemented by the Federal Reserve Board via Regulation Z (12 C.F.R. Part 226). The Regulation has effect and force of federal law. Open-end Credit Transactions: Open-end credit includes bank and gas company credit cards, stores' revolving charge accounts, and cash- advance checking accounts. Typical features: Creditors reasonably expect the consumer to make repeated transactions. Creditors may impose finance charges on the unpaid balance. As the consumer pays the outstanding balance, the amount of credit is once again available to the consumer Under my State of California Code # § 337 the subject account has a 4 year limit for filing any legal action for collection. The starting date of this statute of limitations being the later of the date of last activity, or the date of first default with the ORIGINAL CREDITOR of the subject account. Records indicate that this date on the subject account # 53987100525***** with AT&T is 01/21/97. All records of this debt have been deleted from all my Credit reports. This notification is formal notice to you that any filing of such action by you, or your representatives or assigns, is therefore time-barred. Under the FDCPA, any such action, or threat of such action is a violation of the law, and grounds for fines and civil sanctions. 807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (2) The false representation of- (A) the character, amount, or legal status of any debt; or (4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. (5) The threat to take any action that cannot legally be taken or that is not intended to be taken. This notification to you is of applicable legal statutes, codes and laws. Other Federal and State laws may apply. Under the laws of my State, continued collection activities, including reporting, verification or reinsertion of accounts. beyond their legal collection date to any consumer credit reporting agency, may be considered extortion and/or fraud and subject to criminal as well as civil prosecution. Please note that proof of your receipt of this notice may be used by me or my legal representative in further action. I also reserve the right to forward a copy of this letter, and any other pertinent material to the Bar Association. I hereby request that you cease and desist your efforts to collect on the above referenced account, effective immediately. It is my personal policy not to deal with collection agencies. Should you fail to comply with this request I shall have no other recourse than to pursue legal sanctions under applicable federal and state law. Best regards, Me here. What do you all think? Miller
Most of it looks pretty good to me. The only thing I personally would change is the sentence that says information will be sent to the Bar Association..I would put to the FTC.. I would also include reference to what JohnA stated. Show The three paragraphs that read the codes under the FTC...You had alot of reference to state rules and not enough concerning Federal rules... I really liked JohnAs paragraph about them including 1000.00 along will deleting off CRs..Heck it cant hurt..Might as well Fight Fire with Fire.. Someone else may have a different take on it..If I see anything else I will post my thoughts. I,m trying to work one up myself to send to them. frioguy
Since this is a response to the Collection Agency, I would edit it down. [Just my humble opinion, but I edited it down a bit. The main point, at least in my opinion, is to tell them the debt is disputed, collection is time-barred, and to cease-and-desist. My edits, feel free to use if you like them.] Account: 53987100525**** CITIBANK UNIV To Whom It May Concern: I have enclosed a copy of your recent correspondence regarding the above alleged account. This is a notice that your entire claim is disputed and will not be paid under any circumstances. The Rules of Civil Procedure of my State of California provide a Statute Of Limitations limiting the time frame for any legal collection activities. Please be advised that under the TILA § 15 a credit card account is legally defined as an "open" account. The Act is in Title I of the Consumer Credit Protection Act and is implemented by the Federal Reserve Board via Regulation Z (12 C.F.R. Part 226). The Regulation has effect and force of federal law. Open-end Credit Transactions: Open-end credit includes bank and gas company credit cards, stores' revolving charge accounts, and cash- advance checking accounts. Typical features: Creditors reasonably expect the consumer to make repeated transactions. Creditors may impose finance charges on the unpaid balance. As the consumer pays the outstanding balance, the amount of credit is once again available to the consumer Under my State of California Code # § 337 the subject account has a 4 year limit for filing any legal action for collection. 807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (2) The false representation of- (A) the character, amount, or legal status of any debt; or (4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. (5) The threat to take any action that cannot legally be taken or that is not intended to be taken. This notification to you is of applicable legal statutes, codes and laws. Other Federal and State laws may apply. Under the laws of my State, continued collection activities, including reporting, verification or reinsertion of accounts. beyond their legal collection date to any consumer credit reporting agency, may be considered extortion and/or fraud and subject to criminal as well as civil prosecution. Please note that proof of your receipt of this notice may be used by me or my legal representative in further action. I hereby request that you cease and desist your efforts to collect on the above referenced account, effective immediately. Should you fail to comply with this request I shall have no other recourse than to pursue legal sanctions under applicable federal and state law. Best regards, Me here.
It's important to understand there are *two* issues and two entities which warrant two different letters. Letters to the CA should contain references to the fact the entire alleged debt is disputed, that collection is time-barred with the statute of limitations and that they [the CA] are to immediately cease-and-desist any form of contact with you. You should have all those elements on the record in a letter. The issue of the impermissable purpose warrants the second letter, with reference to the federal law. You are entitled to demand the $1,000 payment per violation and be prepared to go all the way with the claim. They can Fed-Ex the check to your address, there's no need for them to have your banking information.
