Ok now what can I possibly do?

Discussion in 'Credit Talk' started by Momof3, Oct 26, 2000.

  1. Momof3

    Momof3 Well-Known Member

    I have called the collection agency several times and have spoken to several different people, nobody will agree to remove/delete for payment. As you know I must have this paid before we can proceed with mortgage. Just wondering if there is any others avenues I can try?? Also now that I contacted them about this bill will they start houding me?? the SOL is 6 years in VA so by this state is hasn't expired, but the bill orginated in PA which SOL is 4 years, does that make a diffrence? I really want this deleted but they will only agree to paid with zero balance. On a side note I noticed that the last day of activity for this account with Trans Union is incorrect, it states 3/98 when it should be 12/95, if I dispute that will they just change it to the correct date or remove it??
  2. sam

    sam Well-Known Member

    RE: Ok now what can I possibly

    Why dont you go to the original creditor and pay the debt, then the collection agency has no right to list anything on you.
  3. Keith

    Keith Guest

    RE: Ok now what can I possibly

    I would keep disputing and with a little luck you can get it off. Be careful a lot of mortgage underwriters won`t tell you, if you pay the bill your credit score will not go up and it will not get you a better interest rate. Make sure that you talk to the underwriter and tell them the situation and get some guidance.
  4. J. Edgar

    J. Edgar Well-Known Member

    RE: Ok now what can I possibly

    Perhaps they won't go for deletion, but perhaps they might go for non-verification. Tell them you want to settle the bill for the full amount, but you want a non-disclosure agreement with them, meaning they will not disclose the terms of the settlement, or anything else regarding the account. This included verification of the account should a CRA inquire about it. (Do not mention this particular aspect to it to them when you make your offer.)

    Then draft a letter outlining the terms of the settlement and an agreement that they are to sign. Once they sign it, it becomes a binding contract. Then you send them the payment and the contract provisions become enforceable.

    At one time, the Carreon site has information regarding this particular technique. I don't know if it's still there, as I have not looked at their new site.

    Note the difference in technique. You are not asking them to call the CRAs and delete it, you are asking them not to verify it when the CRAs contact them to verify it in response to a dispute which you may or may not lodge with the CRAs.

    There is nothing illegal or immoral about this. You are simply requiring them to take no action.
  5. pat

    pat Guest

    sue 'em

    If the SOL in the state in which the contract was signed has expired, and they have tried to collect the debt anyway, (you indicate the date was 12/95) I suggest you get yourself an attorney and go after them under the FDCPA. If an attorney issues a demand letter for $25K for violation of the FDCPA, the first thing they will do is delete the item from your credit report.
    Catching a collection agency or creditor violating a statute is one of the easiest ways to get true, verifiable information removed from your credit report.

    Ask a lawyer who has experience in consumer law.
  6. Momof3

    Momof3 Well-Known Member

    RE: sue 'em

    Well they never contacted me about the debt, I contacted them after I discovered this on my credit reports, so not sure if that would work with this case.
  7. Momof3

    Momof3 Well-Known Member

    J Edgar

    Thanks J Edgar, I looked on Carreon's site but didn't see this particular letter drafted. I will draft this and send it off to them. As Pat mentioned below, is that corect since this debt was signed and agreed in PA, therefore the SOL ran out at 4 years, even though I now reside in Va??
  8. Crdt Dfnse

    Crdt Dfnse Well-Known Member

    Consider The Source + A Sugges

    Please consider the source if youâ??re even slightly considering a demand for violation of FDCPA, in light of Patâ??s latest comments regarding litigation. First and foremost recovery (collection) efforts can be maintained forever, or at least until the debtor passes on. [:-

    A statute of limitation only pertains to the time a creditor may litigate for recovery, whereas all other collection efforts are exempt. Further more, FDCPA only authorizes actual damages or a maximum of $1,000. (Where Pat got $25,000 is WAY out there; perhaps wishful thinking.) Therefore, if the creditor were to allege a right to sue THIS could be considered a violation of FDCPA. That is because after the statute is stale (out-of-limit) the court would not gain authority over litigation, and therefore could not render judgment.

    I suggest you speak with your mortgage banker (broker), certainly not an attorney. Generally speaking so long as a collection account is paid, a mortgage lender wonâ??t care if it remains on your report. This is especially true considering youâ??re looking for (if memory serves me correctly) conventional financing. You see the lender will be concerned about attacks on the property from the unpaid debt. But if itâ??s paid in full, this aspect is eliminated and so too is the lenderâ??s risk. FICO scoring, on the other hand, is an entirely different matter.

    Keep The Faith,
    Anthony Villaseñor
  9. marvin

    marvin Well-Known Member

    RE: sue 'em

    As far as I know, the SOL has nothing too do with being able to collect a debt, or contacting someone about a debt. All the SOL does is allows the you to get the case thrown out of court if they do sue. You can send them a letter and state that they may no longer contact you about the debt, and they can't contact you about the debt. If the SOL is expired, then there is nothing further they can do to collect on the debt.

    P.S. They can sue after the SOL expires, but you can get it thrown out of court if you are aware of the SOL.
  10. Saar

    Saar Banned

    RE: J Edgar

    Changing places of residence does not affect the state law governing the contract.


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