I have a account that is suppose to fall off my credit file in the next month and half. I spoke to the collection agency a month prior to have the amount owed settled and removed from my credit file in return of payment they refuse. On my credit file it shows that the alleged debt owed is from June of 2003. I contacted the original creditor and they state the last date of activity is September 1997. I informed that Collection that they are reporting false information, that the last date of activity is September of 1997. To my suprise I recently received a letter from the collection agency stating Thank you for payment of $2.50, your new balance is 309.00. I made no such payment to the collection agency, i know that they are trying to start the seven year clock all over again inorder to receive payment. I would greatly appreciate any suggestions, answers on how I should proceed from here. Please Help. Thanks RZA
Have you searched on them to see if this is a tactic they have used before? They may be falsely claiming that a payment was recently made, thereby theatening either to: 1) reage the tradeline with the CRA 2) claim that you made a repayment agreement with them. 3) claim that the account is not past SOL, since a payment was made on the account. You could send them a notice, CRRR, that you did NOT make any payment to them, that since the last payment was in September 1997, the account is both long past the SOL, and approaching the 7 year limit for appearing on your CR, and that use of deception or false statements to collect a debt is illegal under FDCPA: �§ 807. False or misleading representations [15 USC 1692e] 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;... (5) The threat to take any action that cannot legally be taken or that is not intended to be taken. (6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- (A) lose any claim or defense to payment of the debt; or (B) become subject to any practice prohibited by this title. ... (10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
