Collection agency garbage

Discussion in 'Finance, Investments, and Careers' started by Jersey Girl, May 11, 2020.

  1. Jersey Girl

    Jersey Girl Stand down Contributor

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    Err. I got one of those debt collection letters in the mail today and want your thoughts on how (or if) to respond. Here are the facts:

    1. Agency is legit, though rated very poorly online.
    2. I know an account with the original creditor, my bank, was paid off over 10 years ago.
    3. The agency is not representing the original creditor.
    4. No original account number is listed on the letter, so I can't be sure what account they are talking about (though I am pretty sure I know)
    5. This is the first and only contact I have received about this paid-off account since, well, I paid it off.
    6. The letter specifically states that the debt is too old for me to be sued in court unless I sign a paper saying the debt is valid (which it isn't).
    7. This obviously is not showing up on my credit report since it is 10 years old.
    8. I am sure I have paperwork stating that the debt has been resolved.

    So, thoughts? My initial inclination is to just ignore it or to call the bank to see if they have any outstanding records (which I know they don't).
     
  2. dscher

    dscher Registered

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    Imo..#6 tells the story. They are more than likely fishing with fear. Once again...just my two cents. Good luck.
     
  3. BigRedRage

    BigRedRage Reckless Contributor

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    If it is not reporting to your credit, I would ignore it. If it reports to your credit, then you would just dispute it. IMO. Without it being on your credit, it is irrelevant.
     
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  4. Absolute Zero

    Absolute Zero Registered User

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    I go after debt collectors and debt buyers for a living. Here's what i think.

    1. You have a potential FDCPA claim against the collection agency. That claim has a short 1 year statute of limitations. You can leverage that to make sure this debt goes away for good and is not damaging your credit.

    2. Keep a copy of the notice and any other notices.

    3. Get a free online credit report to see how the debt is being reported and whether the collction agency is reporting it.

    4. Send them a brief letter disputing the debt within 30 days of receipt of their notice. Request that they provide you with any documentation they supporting their view that you owe the debt.

    5. If you are not satisied with their response or want to pursue an FDCPA claim, or a FCRA claim on the credit reporting, contact a consumer protection attorney in your area for assistance. Most will take it on contingency and will seek to get paid from the other side.

    6. If your credit report is inaccurate, you can file a dispute online directly with the credit reporting agency, ie Transunion, Equifax, Experian.

    7. Don't pay them a dime. That may revive the statute of limitations and allow them to sue you on the debt. Thats what they are hoping for, which is deceptive in my book.
     
    Last edited: May 18, 2020
  5. BigRedRage

    BigRedRage Reckless Contributor

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  6. Absolute Zero

    Absolute Zero Registered User

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    Here's some more info on the deceptive collection of out of statute debt.

    Here's a bit on the "Zombie Debt" scam

    https://www.washingtonpost.com/busi...ors-trick-consumers-into-reviving-dead-debts/

    More here:

    https://moguldom.com/219053/zombie-...reviving-debts-that-couldve-been-written-off/

    Here is some generic information from the FTC. General because the deceptive nature of this depends on what kind of ******** the debt collector puts in their letters, and the law of each state which determines their ability to collect:

    https://www.consumer.ftc.gov/articles/debt-collection-faqs
     
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  7. dreamcastrocks

    dreamcastrocks Chopped Liver Moderator Contributor

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    We have something on our credit, that even though we paid it off and have proof of doing so, the collection agency still says we owe them.

    I disputed the claim with the credit bureaus, with proof of payment, prior to the debt even going to collection agency. Somehow the bureaus still say that is valid with is BS.

    My credit score is still 828 even with this on it (come to think of it, it may be only in Linda's name) and hers is right about the same.

    Keep fighting the good fight.
     
  8. BigRedRage

    BigRedRage Reckless Contributor

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    I hear about this often. I am in the industry of paying off debt and cannot help the consumers that bring this to me but other agencies can. Honestly, those agencies do what you did and once you get the point of disputing and the creditor points at experian and experian points at the creditor, I dont know what else can even be done. its BS.
     
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  9. cardncubfan

    cardncubfan H

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    Braggart. Just kidding. That's awesome DCR.
     
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  10. Jersey Girl

    Jersey Girl Stand down Contributor

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    I'm ignoring it for now. I know it isn't valid. It's not on my credit report.

    This isn't the first time I received a letter like this stating that I owe a debt I don't.
     
  11. Absolute Zero

    Absolute Zero Registered User

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    If the collection agency is pestering you, the FDCPA allows you to send them a lwritten request that they cease communications . They have to honor that or they are liable for damages.

    Of course, they could still sue you, etc but sounds like you have that covered by proof of payment.
     

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