Just yesterday I received a letter from The Westmoreland Agency stating that I had a charged-off account with First Union National Bank that Capital One had purchased from a company called Fourscore for the amount of $10,525.68 with a charge-off date of 08/24/90. I do not remember doing business with this bank ever. I went to Equifax.com and registered and purchased a one month membership and got my credit report where nothing of that sort shows (I also purchased the credit protection). In this letter they say that they're willing to work with me and that I should call them, but also they say that if I want to dispute the debt I should send them a letter within 30 days, etc. etc... and that they would mail me a copy of the verification of the debt or a copy of the judgment, as well as they would "provide me with the address of the original creditor". Now, I have no idea what they're talking about and I don't know what to do. I have a Mastecard with Capital One in good standing and they also say that if I have an account with Capital one this would not affect my credit with Capital One. My question is what should I do, call them, dispute, or ignore them?. I would really appreciate some feedback.
You really don't know the answer to this one? Ok, I'll tell you: I would Ignore them and not take their calls anymore. Get caller ID & throw their letters in the trash unopened. This is from 1990 & it has already fallen off your report. They have no case against you and if you validate the debt with them and begin paying them back, guess what will pop back up on your credit report?
Re: Re: charged-off account, help! No it won't pop back on your report. If it did, it would be a violation of the FCRA. They can continue attempts to collect from you. If they sue you, you would have to respond and raise the SOL defense. Send out a validation letter from the sample letter forum it is your right, and will protect you. Watch your reports just to make sure they don't attempt to reage the debt. You mentioned the letter indicates 1990 - there is your proof if it does.
Re: Re: charged-off account, help! If you send a validation letter DO NOT throw away their letters!! You can always use these as leverage.
Re: Re: Re: charged-off account, help! Why would you want to send a validation letter and open up another can of worms? It is obvious this CA is bluffing. They have no leg to stand on. You send validation letters and next thing you know the collection is back on your report with a different account number. Just ignore them.
Re: Re: Re: charged-off account, help! Since when do CA's care about violating the FCRA? They do it everyday dear. Besides, an account can be re-aged if the debtor shows a willingness to pay.
Re: Re: Re: Re: charged-off account, help! You know, I am no genius, I am no expert, but I have pointed this out to you before: http://www.ftc.gov/os/statutes/fcra/amason.htm 2. Is the reporting period extended if (A) the original creditor sells or transfers the account to another creditor, (B) the consumer responds to post-chargeoff collection efforts by making a payment on the debt,or (C) the consumer disputes the account with a CRA? Does it matter whether the 7-year period has expired when any of these events occurs? No. In enacting the new provisions discussed above, Congress intended to establish a date certain -- 180 days after the start of the delinquency that led to the chargeoff -- to begin the obsolescence period. It did so to correct the often lengthy extension of the period that resulted from later events under the original FCRA. Enclosed are two staff opinion letters (Kosmerl, 06/04/99; Johnson, 08/31/98) that discuss the impact of these provisions, and the legislative history relating to their enactment, in more detail. Because the commencement of the seven year period is now described with some precision by the statute, it is our opinion that none of the subsequent events you listed -- sale of the charged off account by the creditor, or a payment on or dispute about the account by the consumer -- changes the allowable period for a CRA to report a chargeoff. You have already established the fact that your experience with credit repair is the following: 1. Hide your head in the sand for almost 7 years. 2. About 6 months before the 7 years is up make one call to dispute the last couple of accounts. 3. Make 1 phone call for an erroneous late on a current account. Why do you insist on passing out information like you actually have read and understood the FCRA and FDCPA, and maybe even looked at their corresponding opinion letters for clarification??? I don't pretend to know everything, but when I am not sure, I certainly make that perfectly clear that it is my opinion, my suggestion, here's what I would do, etc. etc. You "dear" try to come off like you know exactly what you are talking about - I am beginning to believe it is in the hope of steering others down your long and lonely road so you won't be the only one in credit hell for 7 years. So your enlightened advice to this poster is to ignore a collection attempt, throw it in the trash, and poof it will disappear. I certainly hope the OP does some searching on their own to find out that is not the best advice, and certainly not the advice of ANYONE on this board.
Re: Re: Re: Re: charged-off account, help! jlynn: I thank you for your participation and the others', but I still don't know if to validate or not because the disparity of answers has confused me even more. I really do not remember having an account with First Union Bank 13 years ago, but again, I may be getting early Alzheimer's already (hey, I'm 53 y/o). The CA (Westmoreland) says they bought the account from another CA (it seems that recently) and I have a MasterCard with CapOne (which is in good standing). So, aren't they buddies?. Another thing that calls my attention is that the charge-off is under the name Carlos Alonso, which is unusual because I always use my middle initial "M". Do I open Pandora's Box or not? I've been reading the postings on the forum and I know by now that basically I should not call them (as they try to entice me to in their letter) but also ignoring them is stressful as you can only wait and check the mail to see what is the new thing they came with. The disparity of opinions is what's making me more confused.
Re: Re: Re: Re: Re: charged-off account, help! I guess that I will send them a validation letter as soon as tomorrow and see what happens. Thank you, Carlos
Re: Re: Re: Re: Re: Re: charged-off account, help! I would take the letter they sent you to a lawyer. I read an interesting case today of a CA that tried to contact a debtor after the SOL expired. He sued and won. http://www.kohnlaw.com/site_uploads/newsletter/newsletter10_2.pdf You will need adobe acrobat to view this.
Re: Re: Re: Re: Re: Re: charged-off account, help! Talk about a scary law firm!!!! The represent the worst of the worst!! Look: http://www.kohnlaw.com/site_uploads/newsletter/newsletter11_7.PDF
Re: Re: Re: Re: Re: Re: Re: charged-off account, help! Mom, That article notwithstanding, the link in the post you responded to has good info that could serve as legal precedent for others who are in a situation similar to that of the OP. Just my 2¢, John
