Well the collection agency CALLED on the phone today and informed my husband that it would be illegal for them to remove this item, YEAH Right. And then proceeded to ask him when he intended on paying this since"I" told them I would pay this ASAP on the phone. I never said I paid I asked what would happen "IF" I paid? Now I am afraid they are going to start calling. Can;t I put a stop to this, the debt occured in PA in 95, SOL is 4 years for there. So anything else I can try?? I know PECO energy sold the debt to them, but is there anyway I could try to deal with them (original Creditor) even though the acount has been sold??? Thanks
Temporary Setback Sorry about this temporary setback. I think your biggest concern should be their distorted version of their contact with you. If I understand correctly, a promise to pay could reset the 7-year clock. This could make it even more important to contact the original creditor and pay the debt. Pay the debt, then challenge the collection as already paid. Once there's no potential for profit, they'll forget the whole thing, especially their hypocritical legal scruples. PECO will probably report nothing. If that fails, Plan B would be to challenge resetting the clock, something they obviously intend to do if they haven't already. You deny any agreement, demand that they prove that you promised to pay, etc. Then you wait until 2002. I'm sure that others have better advice.
RE: They refused my offer A Mom, I already suggested that you to call Peco. But anyway, I hope you get this all worked out. momof3 wrote: ------------------------------- Well the collection agency CALLED on the phone today and informed my husband that it would be illegal for them to remove this item, YEAH Right. And then proceeded to ask him when he intended on paying this since"I" told them I would pay this ASAP on the phone. I never said I paid I asked what would happen "IF" I paid? Now I am afraid they are going to start calling. Can;t I put a stop to this, the debt occured in PA in 95, SOL is 4 years for there. So anything else I can try?? I know PECO energy sold the debt to them, but is there anyway I could try to deal with them (original Creditor) even though the acount has been sold??? Thanks
7 year clock Thanks, though I thought they can't restart the clock unlkess you only made a partial payment?? Not sure though. But I can contact he original creditor even though they sold this account?? I am not sure on this one either, I guess I not sure of anything LOL. But the fact remains this must be paid before we get our mortgage next summer, I just want to try to settle this the best I could. Of course I called them, NOT my husband whose debt it was, so I am thinking even though I know I didn't agree to a darn thing, how could i agree to his debt anyway, my name isn't on it?? And they called back again, this is twice in one day, I think they are going start harrasing us.
Thanks Roni Well i tried once and they said to contact collection agency, I guess I can try again this time in writing maybe? So I can really pay them instead of the collection agency even though they sold it??
RE: Thanks Roni Mom, you to tell peco that the collection agency will not remove the item from your credit report. They said that peco has to do that or tell them to do that. Then tell your story. You didnot receive a bill. Then ask to speak with a supervisor if you have to. Mom you spend a lot of time on this board. Spend some of that time with peco to get this ding off your hubbies credit report. Ok, Im done. Love Roni.
7 year clock explanation You are mixing credit bureau reporting with the statute of limitations. Credit will be reported for 7yrs from the date of default. It does not matter if you later pay on the debt. It will not increase the reporting time, unless you fully cure the default before its actually paid off. The statute of limitations is the time limit under which a creditor can successfully sue you for the money owed. That varies by state, usually 3-5 yrs. It does restart with any payment made. Actually it restarts with any solid reaffirmation of the debt, as in firm agreement to pay.
Plan P (for Pat) They CAN remove a verifiable delinquency. There is no law that prevents them from doing so. One thing I would try is hiring a lawyer in whatever town they are located in to write a letter (just pick one from Yahoo yellow pages). Have the lawyer tell them that the SOL is past, that they have misrepresented the legal status of the debt in violation of the FDCPA, and tell them to cease collection activity in order to avoid litigation. Once they've accepted that they are not going to get paid, have the lawyer's paralegal call them and tell them you will agree not to sue under the FDCPA if they will delete the item from your credit report. I was in a similiar situation- it was a delinquent debt which I had paid. When they tried to collect it a 2nd time, I hired a lawyer in their town for $100 (we agreed on the fee on the phone and I sent him a $250 retainer). He wrote a letter, got them to delete the item (which was a '95 delinquency) and then called back to get them to send me $100 to cover his fee. The key is to pick a solo practioner, who can probably use the money, and doesn't mind writing a letter and making a phone call for $100. If the collection agency is in a big city (eg San Francisco), you might get a cheaper lawyer by finding a lawyer in a more rural part of the state (eg Eureka, CA).
RE: Thanks Roni I lurk mostly, you do give great advice Roni, but sometimes I feel you are somewhat cold to people. hang in there mom, sorry I don't have advice though
RE: Thanks Roni whatever hanlu, you have no idea what momof3 and I chat about off this board. I dont really care if you find me cold. So lurk your ass out of my site. At least dont address any more post to me. BTW: F-u.
To Mom. I noticed that you did not respond to my last post, which is unusual. Then this 'Hanlu' person that I was 'cold' to you. I did not consider it cold. I was trying to express how you should handle this situation. You have the collector calling you which is an indication that this is getting out of hand. So if you took offense to my last post to you, i apologize. I also pledge to myself and this board to now offer anymore advise. You have 'lurker' like Hanlu who watch the board and dont offer advise. They pop up to slam us faithful posters. Well I am tired of being slammed. Especially when I try so hard and give up so much time. This is something that I really like doing. But, I think it is a good idea for me to lurk for awhile and just ask questions to help my own situation. I have questions about getting a mortgage. And even though I have questions, like Kristi said I think I can figure this all out by myself. Ihope you get the collection off. Time, phone calls, and speaking with the right persons will get the Peco account off. Always remember this collection was not your fault. That is your greatest amunition. Good Luck MOM, Roni, momof3 wrote: ------------------------------- Well i tried once and they said to contact collection agency, I guess I can try again this time in writing maybe? So I can really pay them instead of the collection agency even though they sold it??
RE: Plan P (for Pat) I got my account with PSE& G removed without hiring a lawyer, believe it or not. That is just what happened to me Pat. I felt like expressing it. I dont feel like have any relatiation post by you. I wont even bother reading it, now, that 's all i have to say. roni, pat wrote: ------------------------------- They CAN remove a verifiable delinquency. There is no law that prevents them from doing so. One thing I would try is hiring a lawyer in whatever town they are located in to write a letter (just pick one from Yahoo yellow pages). Have the lawyer tell them that the SOL is past, that they have misrepresented the legal status of the debt in violation of the FDCPA, and tell them to cease collection activity in order to avoid litigation. Once they've accepted that they are not going to get paid, have the lawyer's paralegal call them and tell them you will agree not to sue under the FDCPA if they will delete the item from your credit report. I was in a similiar situation- it was a delinquent debt which I had paid. When they tried to collect it a 2nd time, I hired a lawyer in their town for $100 (we agreed on the fee on the phone and I sent him a $250 retainer). He wrote a letter, got them to delete the item (which was a '95 delinquency) and then called back to get them to send me $....
Not at all Roni I was not offended at all. yes I will try again with PEco and see where it gets me. They made me mad though calling my husband and asking him where the money was that I "agreed" to pay them, what a load of @!#$. Last time I called Peco they said the account was with collection and I had to contact them. But hoping I can talk to someone else and keep talking until I get this right. Just want to make it clear, I can pay Peco even though the agency bought the debt?? Just not sure how the process of debt buying acutally works.
Look Roni and I have been chatting for sometime, she knows how I am and sometimes I need a kick in the butt. We each know each others situations and she has given many people some great advice. I don't find her cold at all, she tells it like it is and that's great, keep it going Roni
RE: Not at all Roni No, mom. YOu can pay the collection agency, but you get the agreement from peco to delete it. Ex. with my bell atlantic account, there where 3 agencies: Bell Atlantic, a law firm in penn. and the collection agency that was reporting it Collectech. Collectech told me to contact bell atlantic. Bell Atlantic told me to contact the law firm. The law firm told me to pay them and bell atlantic had to tell Collectech to remove it. I did just that. It took 4-5 attempts over 1 month to get bell atlantic, by the way I had to speak to a supervisor and a high up one. She called me back. But I was patient and consistent. She said she was impressed about how my story had not changed and my persistence. When you are right about something and you stick at it, people have a heart and listen. Mom I try to tell you my situations. It kills me how some people here, can have to much negative to say and aint got a clue about credit, They aint @!#$, but anyway. I got it off. YOu know what, I was just in my closet, and i found the letter from the power co, in nj who deleted the power account from my credit report. it says: Thank you for your inquiry regarding the bill placed on your credit report by National Recovery Agency on behalf of PSE&G. YOur payment represents full settlement for an outstanding PSE&G bill for service provided to (my old address). The credit reporting agencies will be directed to delete this item from your credit report, as a customer relations gesture, since you had never received the initial final bill. Please accept my apology for the error. Note error, that is what you have to establish to get this off. Dont beg them. Tell them they @!#$ up and now they are f-ing your credit. sorry about my language. I got my bell altantic off the the same way. I paid these without aggreements ahead of time which is a no-no but it worked out for me. I wouldnot suggest it though. plus mom how much is your bill. as i suggested before you can always pay it as a last resort and then dispute it. it may be knocked off that way. now i have to go. my boyfriend is going to put his shoe in my booty for being so late. roni. Momof3 wrote: ------------------------------- I was not offended at all. yes I will try again with PEco and see where it gets me. They made me mad though calling my husband and asking him where the money was that I "agreed" to pay them, what a load of @!#$. Last time I called Peco they said the account was with collection and I had to contact them. But hoping I can talk to someone else and keep talking until I get this right. Just want to make it clear, I can pay Peco even though the agency bought the debt?? Just not sure how the process of debt buying acutally works.
Mom: It takes time....... Don't pay for an attorney unless it is absolutely necc! as in, you are in deep water & need legal advice. This is a simple probably underskilled collection agent. Get a friend to sign a letter as your proxy or attorney in fact. Legal definition: A POA but having it say proxy or attorney in fact confuses some less then experienced collectors. These set backs are normal. Rome wasn't built in a day and you won't battle a debt collector in a day. Mom, follow the simple rules of thumb: SOL Expired: Cease & Desist SOl not expired:Make no new written promises to pay or partial payments without getting a written confirmation of acceptance on your terms. It can be done! Fighting these things can take time. I have had to spend 6 months sometimes going back and forth until I pooped the other side out or they just got sick of me. Become a nusance and do all you can to better the rating. If it doesn't work then accept it, as not all negotiations do work. At least you will have attempted to give it your all before you spend money on a professional. If you carry this attitude throughout your credit rebuilding process you will better your credit at least by half because not everyone will say yes but not everyone will say no! As for that debt collectors statement of "it's illegal" Tell him to either study his trade or go back to selling books door to door. Their ignorance annoys me to no end. Do they think you are stupid. That saying of "it's against the law is a cop out and a lazy one at that! On a brightr note, junum spotlighted our "Student Loan Rehab" story on their site. We are very happy with that, as getting articles posted on other financial sites can be a task. The lawyers have to pour over it forever Its of great help however to students suffering rehab nightmares and HEA violations and jumum had discussed with us earlier on that they were going to feature it. The Nilson Report picked us up too so I am very pleased..... Now I can take a few days offLOL.... Kristi
retaliation? If you can do it yourself, that's great. Only after I have made a good faith effort to resolve a situation do I hire an attorney. Roni- your posts are a welcome part of this message board. Earlier today, you explained FICO scoring and strategy re what accounts to keep open to an individual in a very helpful way. Your statements re FICO scoring were all correct, and you gave very good advice. I do not have any intent to "retaliate", but I will politely disagree at times. PM
