I've been trying to get validation on a collection acct on both EXP and TU. I sent a validation letter twice to the collection agency with no response. I also disputed with the CRA's twice with no luck. I honestly didnt think the bill was valid. After months of this I finally got a validation from the CA. It was a phone bill from my first marriage in '98. The phone bill it says is $600.00 and they are charging fees of over $300. My ex had physical control of the phone back then, unfortunately I didnt get my name off of the listing quickly enough. The SOL for the debt has past but I want this off of my report. Dealing with the ex is not an option. This is my only derog on EXP. Any advice besides paying the full amount to them. Id be willing to pay part for deletion but this is not an easy collection agency to deal with. Any advice on the best way to deal with this thanks.
If the DOLA is 1998, the account will fall off your reports by next year. It doesn't matter who had control of the phone - if the account was in your name, you are going to be held responsible for the acount. I'd do a search of this site for SOL violations, and maybe look at Psych Docs nutcase series to see if you can find an appropriate letter to get the accounts deleted. Unfortunately, it sounds like you have a stalemate on your hands - the account is past SOL so the CA can't make you pay, but it's within the reporting period, so you can't make them delete it. You could offer them a payment of $10 for absolute and total settlment and deletion - thats $10 more than they will be able to collect any other way. Make sure you have a copy of either your CR or the validation notice showing the correct DOLA - don't let them reage it on you. And as a final thought, you may want to try a procedures demand on exp and tu, although if the CA validated to you it's entirely possible they verified correctly to CRAs as well. Again, not an expert, so maybe one of the gurus will have a strategy for you. Good luck. Poochie
Poochie thanks for the reply, I agree with you at the moment it does look like a stalemate. The date that they have on my credit report for this account is april of 2002. But the validation they sent me was last activity showing 1998. It looks like I may have to wait the time out til early 2005 for this to fall off. This was the last derog on EXP. But I will keep looking to see if I can find a loophole to get this off. Anyway thanks for your response
If the account is time-barred, why not send a time-barred C&D... There is a good chance that they may delete the account without a fight (even without disputing the account a second time on EX, which takes a miracle).
If they validated with a 1998 but it is showing on your report as 2002 DOLA, then they have illegaly reaged the account. Do a search here to find out how to respond to the reaging thing - if it is actionably, you may want to fire off an ITS letter. NOT an expert on reaging and suing for it, so get some better advice from one of the gurus.
Acct Type: Collection Department / Agency / Attorney Acct Status: Closed Monthly Payment: $0 Date Open: Apr, 2002 Balance: $942 Terms: Unknown High Balance: N/A Limit: N/A Past Due: $942 Remarks: Account in dispute-reported by subscriber Payment Status: Seriously past due date / assigned to attorney, collection agency, or credit grantor's internal collection department This is how it is posted on my CR. Is the Date Open: above the date that they are saying the account was opened..Because the copy of the bill they sent has last bill 1998. And the balance on that bill is 617.45???
Can someon tell me if this is reaging. On my CR's they have an opening date of 2002. But they sent a copy of a bill that showed going delinquent in '98, Any help would be appreciated.
Re: Re: need advice on collection acct They make it look like reaging, but it is probably legal for the CA to list the date they opened an account with you. Thwe CRA's don't always show the Date of Delinquency / DOLA on your reports... HOLD ON TO THE BILL WHICH SHOWS DELINQUENCY IN 1998!!! this is your proof to have account deleted when the time comes!
Re: Re: need advice on collection acct Also, contact the CRA and find out for that entry what the DOLA is that they have on file. Then you'll know if it was re-aged or not. You'll also know when it will drop off.
