Just recieved a letter from a CA for a utility back about 4 1/2 years ago. SOL in illinois is 5 years... I believe a X put utility on in my name at her apartment dont remember to tell the truth if I should pay or not. No account has ever been on my report for this utility compnay in 4 1/2 years. Standard Collection letter you have 30 days to argue if this is yours yadda yadda.. Hasnt been reported on my Credit report.. How should I handle this. I know it may sound stupid... But what if I just pay it.. Think they will report as paid collecton account?/ I am sure they would.. Jesus, I just cleaned my report as of 3 months ago. and this happens, go figure.. Help me out on this one guys.. Should I ignor the letter that was sent regular mail.. say I never recieved it an ague that they missed the SOL on the account.. Or try and settle for less an no reporting to the CRA's in writing of course.. This is a new one for , need some advice.. Thanks in advance.. One more thing, they did pull a hard inq on my equifax report.. Without a collection being listed or a account with said OC or Collector ever being listed.. The pulled the report on 01/31 and Their letter is dated 02/01.. Yes I just got it today.. Go figure right.. I am sure they got it right in the mail.. I was wondering do I have them on a violation? Or do Ihave them on one, only if they can not prove the account was opened by myself? Thanks again
243.44.. not huge.. but it will put a little dent in the saving account I have been working on for the new babies room
That is the last thing I would want, if I put that across in my intial letter my mistake. I was trying to say.. paying the collection agency before anything was reported to the CRA's as it hasnt been yet... But I am sure even with assurances from them.. They would add it to my report as a paid collection.. As we all know collection agency's seem to get off on messing your credit up.. My thing is.. Why hasnt it been placed on there 4 1/2 years ago.. So I could have delt with this when I still had some kind of contact with the X to figure out what was going on. This has never been brought to my attention an no letters ever recieved from them. IF this account is so overdue why didnt it just go on my report back then some 4 1/2 years ago.. Why wait this long.. Really irrating as I just cleared my report of all derogs and was finally beginning to enjoy decent credit..
Another fear is that if I ignore, and they finally due report it too the CRA's it will be reported with a date of 03/03.. Which I know I could fight as that being the wrong DOLA but jesus all the ****ing headaches.. I was going to refinance in a couple of months.. to do some home remodeling, and this thing is buggin me.. I got the house, the new SUV.. the derogs gone.. The credit cards almost paid off.. Now this.. Why is it as soon as you think your moving ahead in life.. Something always has to be thrown at you.. I was 50k in debt.. making 60k a year.. I didnt go the BK route.. I moved home and paid it ALL off.. Sorry about sobbing... Just is really frustrating at 1am on a saturday, and a baby that cant go to sleep until she pukes on me at least 3 times..
OK. Why wouldn't you just validate and IF they can validate offer to pay it with the condition that it not be reported?
Re: Re: Utility CA Of course that is a option, one I thank you for mentioning, I am just looking for other opinions as there are many different ways in handling this and matters such as this.
Re: Re: Utility CA This is the letter I am thinking of sending off.. Pretty Standard.. Sending it Certified mail with delievery notification Name Addy Peoples Energy CBCS PO Box 163250 Columbus, OH 43216 02/15/2003 RE: Account #35000132****/Peoples Energy Dear Sir/Madame: Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form within thirty (30) days. Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you. You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me. Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees. Sincerely, Bukethead CREDITOR DISCLOSURE STATEMENT Name and Address of Collector (assignee): _________________________ Name and Address of Debtor: ____________________________________ Account Number(s): ____________________________________________ What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms. Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO Has the purported balanced of this account been used in any tax deduction claim? YES/NO Please list the particular products or services sold by the collector to the debtor and the dollar amount of each: Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action. ________________________________ Authorized signature for Collector __/__/__ Date Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law within thirty (30) days, your claim will not be considered and you may be liable for damages for continued collection efforts. ___________________ pbm | Administrator
Re: Re: Utility CA If you can think of a better Validation letter please post it, or any other suggestions.. Thanks again guys and gals..
Re: Re: Utility CA Excuse me for asking but why would you even think of going into all that flimflammery over a simple electric bill when simple logic should tell you that they probably can prove that the bill exists, how much it is and that you are the responsible person in the opinion of their client? In most cases it is not a question of whether or not they can validate the debt but rather a question of whether they even know how to validate a debt and/or whether or not they will do it. Why not just a simple letter that demands they validate the debt they claim you owe them? Then if they fail to do that then lay the grief on them. And yes, I know that those who support the sending of such letters can spout off all kinds of reasons why all that verbiage needs to be there but in the end it all boils down to whether or not they understand what the law demands of them and whether or not they do what is demanded of them. I say that one should never try to educate the other man by telling him how to do his job. Let him figure that out and if he don't know how to do his job then that is tough titty.
Re: Re: Utility CA That says it all right there Buckethead. Because of what you just said and because you just got your reports cleaned up, and also because it's probably a legit debt, I'd pay it. Throwing a couple hundred bux at such a problem to make it go away is not always a bad idea. However, I'd get a written agreement first, that they will not report it, or if they have, to have it deleted. One time I sent such an offer I made sure they understood that they have exactly two choices. Accept my offer and lets all move on, OR you'll be spending the next 6 months trying to find documents and answering my lawsuit. I also made sure they understood that I was not admitting liability but merely lack the time right now to hassle over a lousy couple hundred bux. Thay accepted immediately. Once you do get your reports cleaned up it's extremely important to keep them that way. Paying this stupid thing off to keep your reports clean is a wise investment, IMHO. Besides, you might even be helping your "x". If I know men today, and I do, you probably owe her a few favors anyway.
Re: Re: Utility CA Interesting. You say not to educate the other guy, but you've done just that. I'm sure the person who sent the validation letter to that particular CA would like to thank you for educating his adversary. I do agree with you in that post however that going to the CA board and making an ass of one's self isn't exactly productive. Gib
Re: Re: Re: Utility CA If it is yours, pay it. Since it is from the Utility Co. and not a CA,a validation letter is not "valid". If it is NOT your debt,send them a simple letter saying it is not your account, and furnish some verifiable evidence,such as proof of residence somewhere else during those dates. If you start paying all the bills that are sent you, you will never get the (invisible but real) "sucker" designation off your credit reports. If the account is disputed it CANNOT be reported.
Re: Re: Utility CA No real problem there.It was a question asked by a collection agency person in a general discussion about HIPAA rules. There was no indication that any adversarial situation was involved. I never give them any new information they don't already know. And yes, they know all about this board so I am quite sure that at least some of them frequent this and other boards as well. Anyway there are only 95 members total on that board so its very unlikely that 95 people are going to change much of anything. Not to worry.
Re: Re: Utility CA No real problem there.It was a question asked by a collection agency person in a general discussion about HIPAA rules. There was no indication that any adversarial situation was involved. I never give them any new information they don't already know. And yes, they know all about this board so I am quite sure that at least some of them frequent this and other boards as well. Anyway there are only 95 members total on that board so its very unlikely that 95 people are going to change much of anything. Not to worry.
Re: Re: Re: Re: Utility CA It is from a Collection Agency CBCS to be exact. It is for a utility bill from Peoples Energy.
Re: Re: Re: Utility CA Bro I think you are saying the same exact thing I am thinking. The time it will take to fight this is worth more to me than 244.47 I will call on Monday, and tell them my idea. An that I will await a written statement from them about not reporting or if they already have to have it deleted. An Once I have that written statement I will pay the account with my credit card the same day.
Re: Re: Re: Utility CA Called the CA.. Super SUPER nice girl.. They had my named spelled wrong on the letter.. explained what happened with my X, she apologized and said they dont do it by SSN.. They do it by name and addy.. and since that addy neer showed up on the credit report.. and that it wasnt my name she would delete all my information, such as SSN, and my credit file.. She told me if it showed up somehow which she said it shouldnt, it would show on 03/01 to call her.. She gave me her full name and extension... I feel so much better.. That darm letter ruined my weekend.. Thanks guys for all the suggestions.. get ready in a monmth, when I go balistic about it showing up...
Re: Re: Re: Utility CA Why wait this long. Really irritating as I just cleared my report of all derogs and was finally beginning to enjoy decent credit. bukethead =============== Why indeed = no excuse for it. I say report it within 30 days or it's history. Going back and digging into the past to slander your report is ridicules-out law it.
