Back in 1995, I took a correspondence course that I never completed. Anyway, I have long forgotten about that course, and believed I didn't owe anyone anything. Anyway, about a week ago, I was getting some automated message on my machine to call some company. I called, and the company is called NCC, and I was transfered to some guy who says that I owed $427 from 1995! I asked when it was trasnsfered to them (the collections agency), and I was told it was transfered to them last year and he said someone started working on it 2 months ago! It gets better... he then said that I was reported to the credit bureau as of the 2nd of this month! Of course, I'm already ticked off at this point, but I demanded proof that they ever sent me a letter giving me a chance to either confirm or deispute the debt, and I was told that they got a letter returned last month and he then asked me for my current address! Of course I told him where he could stick it. Anyway, I told him that I will be pulling my credit report, and I better not find an entry from them especially since they never even notified me of this alleged 10 year old debt. My question now is, how do I proceed? Do collections agencies have the right to report a debt to the credit bureau without ever notifying the debtor? Do I get a lawyer? etc.. any advice would be greatly appreciated. Thanks!
just curious.....did the collections agency rep say anything to you when you mentioned that this is out of SOL?
If it hadn't been paid, or even if it had, when was the last payment made? Back in 1995? Did he admit that was the claimed date of delinquency? They don't have to sent you a letter before putting a negative tradeline on your report, but if they reported a 10 year old debt with an accurate date of delinquency, it should not appear. Also, his claim that he was putting it on your report may be an FDCPA violation for deceptively claiming to take an action he cannot legally do.
Where are these people based? Have you checked BBB? Are these the characters you are dealing with? http://www.ftc.gov/opa/2003/05/nccfinal.htm
Thanks to you both for the reply. I actually never got to tell him about the SOL... it was after I got off the phone that it hit me that this guy was talking about a 10 year old debt! I've looked it up and SOL in minnesota is 6 years. I don't have the company's address as we've only spoken on the phone. They also don't have mine and I didnt give it to them when he asked me for it. So how do I proceed with this? Should I go ahead and call them back to ask for their address, and should I go ahead and give them mine as well? Given that it's passed SOL, should I be sending a validation letter or a cease and desist letter?
A debt that went delinquent in 1995 cannot legally be placed on your credit report. In addition, even if they reported it to a CRA, they would have to provide the original date of delinquency to the CRA within 90 days so that the CRA could ensure it did not show. If he reported the TL with a re-aged date, that is a FDCPA violation. If he threatened to report, when he knew it was past 7 years and couldn't be reported, that is a FDCPA violation. If he threatened to report, and didn't, that is a FDCPA violation. If he threatened legal action, and knew it was past SOL, that is a FDCPA violation. Pull your reports and see what is there. There may be an inquiry from when they acquired the account. You should be able to get the full name and address from the CRA. Also note that there have been some reports of CAs closely associated with the original "creditor" being involved in collections of "debts" that are apparently so tainted arms-length CAs won't take them. Seems to have occurred mainly in the case of magazine subscription telemarketting scams, mail-order courses, etc, where a debt is claimed, but little or nothing was actually sent since the consumer protested the alleged terms or quality before much had been sent. It may be that if there is something fishy from the start, the original creditor thinks it is safer to try to pressure for payment himself, under the pretense of being a CA.
