Anybody with experiance with Credit Bureau's ??

[ProPokerPlayer]

Here is my situation. I ck my credit report and around the year 2000 i had a debt to T-Mobile of $1500+ that i refused to pay . They put it on my credit report as i expected and 5 or 7 yrs later it was gone.
Now they sell those uncollectables to these asshole collectors who aint getting a penny out of me.....BUT they have put the charge BACK on my credit report saying i now owe THEM $1500. Its the same $1500 debt from 2000 but it now just shows the collectors company name and the amount. These people have no copies of my bills or anything else that shows i owe them any money..
This translates to the same $1500 debt being on my credit report for 11 years! How the hell can they do this? and what can i do to get it off my credit report? Plus they sell these things to multiple collectors and they are ALL putting it on my credit report so it looks like i owe 3 companies $1500 each when i only owe 1 company (t-mobile) and that charge was removed like 3 or 4 years ago..
Can these debt collectors just keep putting the debt on my report till i die ??

 

[KillaRSox]

Here is my situation. I ck my credit report and around the year 2000 i had a debt to T-Mobile of $1500+ that i refused to pay . They put it on my credit report as i expected and 5 or 7 yrs later it was gone.
Now they sell those uncollectables to these asshole collectors who aint getting a penny out of me.....BUT they have put the charge BACK on my credit report saying i now owe THEM $1500. Its the same $1500 debt from 2000 but it now just shows the collectors company name and the amount. These people have no copies of my bills or anything else that shows i owe them any money..
This translates to the same $1500 debt being on my credit report for 11 years! How the hell can they do this? and what can i do to get it off my credit report? Plus they sell these things to multiple collectors and they are ALL putting it on my credit report so it looks like i owe 3 companies $1500 each when i only owe 1 company (t-mobile) and that charge was removed like 3 or 4 years ago..
Can these debt collectors just keep putting the debt on my report till i die ??

Sure why not, you still owe them money don't you?

 

[lax_gunman]

Baccy would be the one to talk to

 

[ProPokerPlayer]

No i dont owe anybody currently on my credit report anything. Debts are on your credit report for a fixed amount of time (so ive always thought) and that time has expired. T-Mobile is not on my credit report report anymore only these collectors. If T-Mobile wanted the money they could have sued me as i asked them to do years ago but they wouldnt, they choose to put it on my report instead...After the fixed time it was removed.

 

[Murphy8276]

t-mobile sold the debt.. technically the new creditors have 7years to collect as well.. its unfortunate but its a long and never ending chain of events. u can try to contact the 3 credit bureaus by mail or online and ask them to remove the debt as its not yours.. if they cannot get proof from the company by 30 business days, then by law they must remove the debt. its worth a try and with the free credit report websites, u can dispute stuff once per year.

-murph

 

[ProPokerPlayer]

"technically the new creditors have 7years to collect as well"

Thats what i was afraid of. Ive written the CB's numerous times with no replies. Maybe there is a specific form i need to fill or something.

Hell with em i guess, im broke so i dont need credit anyway but its fucking up my hunt for business insurance cus they use your CR score to determine your rates.

Thxxxxxx

 

[Halifax]

Another loudmouth "personal responsibility" right-winger turns out to be a stiff ... shocker !

 

[Murphy8276]

"technically the new creditors have 7years to collect as well"

Thats what i was afraid of. Ive written the CB's numerous times with no replies. Maybe there is a specific form i need to fill or something.

Hell with em i guess, im broke so i dont need credit anyway but its fucking up my hunt for business insurance cus they use your CR score to determine your rates.

Thxxxxxx

i think there is two things u can do with minimal cost or none that could help u... call up the current collector, tell them u swear u paid the bill off and see if they will budge.. tell them ur unemployed/broke etc and see if they will settle for pennies on the dollar if not.. u might be able to cancel a 1500 debt down to 200-500 dollars imo...which another thing u could do is higher a lawyer to dispute the charges.. but that could get costly.... so in reality all that a credit repair expert or a lawyer would do is the following.....

go to http://annualcreditreport.com

select ur free credit report from all 3 bureaus.. make sure u open all 3 in separate tabs because the timer on going from one to the other is very short and the back button logs u out, then saying ur free time is done and it will cost 19.99 to view ur reports again LOL.

anyway once all 3 bureaus are open.. dispute every negative charge on those reports.(including the debt in question, and all preceeding collectors, original debts associated with it). After that Experian/Equifax/Transunion all have 30 biz days to get proof the debt is real or by law they have to remove the charge.. trust me they do not mess around with this as its serious to have their name in a lawsuit which u could sue them and the creditor(s) for if no proof was given.

You say to urself "but the debt is real" - well imagine how many millions or thousands of clients each one of these agencies have.. not to mention how many people report to credit and write letters in/dispute charges... lets just say that your original statement gets lost in the organizations/companies.. and its not as easy as them printing out an invoice.. they need proof of the original bill in question.. which means Collector C needs to contact Collector B and them contact Collector A, and then A contact T Mobile to get the original bill u defaulted on.... in reality this would go way past any 30 day mark ever offered so most companies truly dont bother.

I was a loan officer for 5 years before the credit/housing crunch and honestly had many clients who had real debts/bankruptcies/charge-offs/liens/judgments(where people sued the creditor and won) removed. I have had many cases where just doing the above has gotten peoples credit report to go from 500 up to 650 in less than 2-3 months after the 30 day waiting period for exp/equi/trans to investigate.


HARD TO BELIEVE?? i didn't either.. but I ran people through credit repair companies who did this very same thing and charged clients 450-900$ to do it.. so i started to do it myself with clients who couldn't get approved for loans currently because of all the bad debt they had built up.. it was helping me set up future biz for months down the road. :toast:


gl hope it helps

-murph

 

[ProPokerPlayer]

Halifax your a nut...lol i owe a guy $50 for some coke from like 82 and clubman $22 from a few months ago, other than that i havent stiffed anyone. I gotta $1500 bill from t-mobile when i had a $29 a month plan....it was obvious they were incorrect. yada f'n yada...blow me

Thxxx Murph , im cking that out now and will get the ball rolling on it tomorrow morning. Thxx to LAX also, pm'd me some good info.

 

[DollarDay]

PPP _ Shoot me a PM with the details - I probably know the guys who bought it and can help you out - if it was from y2k you have no worries - I'll just need a week or so to clear it up for you at most.

 

[Willie99]

My recent credit report experience. Baccy, maybe you have some advice for me.

My daughter recently graduated and was looking to buy a new car. I thought I might have to cosign so I checked out my credit report for ha ha's

Turns out there's a debt for $ 72 that was listed as 12 months past due. I have no idea what it is, I never received a phone call and never received a bill. I call the number provided on the CR to rip them a new one.

They tell me that they're a collection agency and that they're trying to collect a debt for Columbia House for a 2005 purchase. I said I haven't bought anything from Columbia House since like 1990, when I purchased my first CD player. I haven't dealt with them for at least 18-20 years.

I asked if they had any paperwork, they said they could obtain it but it would take months. I asked if my SSN was on any document, they said no, they pulled my name based on my address. I'm like WTF?

They said if I paid them $ 40, they would clear the account and report it as never being late. Reluctantly, I paid the money just to clear it up faster and to avoid wasting a lot of time fighting this thing.

Is this common?
Is it legal?
Is it a scam?

thanks


PS: I never had to sign for my daughter. All she had to do was prove she was a recent grad and provide a letter proving she has a job offer and stating what her salary will be

 

[buddyboy]

every state is different.

depending on the type of debt, the amount.

some states give you 15+ years to collect

good luck

 

[Betallsports]

baccy knows his Shit :toast:

 

[buddyboy]

here you go:

http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt144.shtm


Time-Barred Debts
There’s no doubt about it: you are responsible for your debts. If you fall behind in paying your creditors — or if you dispute the legitimacy of a debt — a debt collector may contact you.

“Time-barred” debts are debts so old they are beyond the point at which a creditor or debt collector may sue you to collect. State law varies as to when a creditor or debt collector may no longer sue to collect: in most states, the statute of limitations period on debts is between 3 and 10 years; in some states, the period is longer. Check with your State Attorney General’s Office to determine when a debt is considered time-barred in your state. You can find contact information for your State Attorney General at www.naag.org.

Federal law imposes limitations on how debt collectors can collect debts, including time-barred debts. Under the Fair Debt Collection Practices Act (FDCPA), a “debt collector” generally is any person or organization that regularly collects debts owed to others. The term includes lawyers who collect debts for others on a regular basis, but it does not include creditors collecting their own debts.

 

[DollarDay]

Here is my situation. I ck my credit report and around the year 2000 i had a debt to T-Mobile of $1500+ that i refused to pay . They put it on my credit report as i expected and 5 or 7 yrs later it was gone.
Now they sell those uncollectables to these asshole collectors who aint getting a penny out of me.....BUT they have put the charge BACK on my credit report saying i now owe THEM $1500. Its the same $1500 debt from 2000 but it now just shows the collectors company name and the amount. These people have no copies of my bills or anything else that shows i owe them any money..
This translates to the same $1500 debt being on my credit report for 11 years! How the hell can they do this? and what can i do to get it off my credit report? Plus they sell these things to multiple collectors and they are ALL putting it on my credit report so it looks like i owe 3 companies $1500 each when i only owe 1 company (t-mobile) and that charge was removed like 3 or 4 years ago..
Can these debt collectors just keep putting the debt on my report till i die ??

All right guys - back on the ground as I was on a flight when I checked this originally from ATL back to Buffalo after doing some client visits. Gogo's great by the way for anybody who is on an airplane a lot - $29 for 30 days of internet when you're in the air .... great stuff indeed.

Anyways, I’ll try to answer as much as I can for yous guys:

PPP - There are many laws which may affect (effect?) your situation and I'll go from the top - excuses but this will be a long explanation.
In the beginning, according to the UCC (Uniform Commercial Code) having a debt basically comes from a contract between two parties. Within that contract, once a debt is created and is "due and owing", it is always "due and owing", regardless until the balance is paid, however:
1. A “Statute of Limitations” exists, based on individual state law & the type of contract (oral, written, one-time loan vs revolving credit, etc), of varying time-frames.
a. What a “Statute of Limitations” allows you to do is to use the fact that the creditor never attempted to collect the debt through the courts in a certain period of time to prevent them from doing so after that time period has passed. The only way the Statute works however, is for you, the debtor, to identify in court that the Statute has passed and use that as an “Affirmative Defense”.
b. People frequently believe the Statute is 7 years, however that is NOT the case, and the length varies considerable, from as low as 3 years (Alaska, District of Columbia, Maryland, Mississippi, New Hampshire, North Carolina, South Carolina) to has high as 15 years (ie, Kentucky).
c. The reason people seem to think that the Statute of Limitations is 7 years is that is the length of time that a creditor may keep the derogatory remark on your credit report for **** AND THIS IS IMPORTANT, FROM THE ORIGINAL DATE OF DELINQUENCY **** and not from the date they purchased the account. SHOULD YOU TAKE LEGAL ACTION AGAINST THE CURRENT OWNER OF THE DEBT YOU SHOULD WIN – This is a Fair Credit Reporting Act violation and from the sounds of it this is a blatant violation.
d. These companies, however, can legally attempt to collect the debt (in most states, but not all, and I’ll get to that shortly) as the debt is still considered “due and owing”. They can even initiate legal action against you, however all you need to say is “Past Stats” and you would win the legal action.
2. Certain states have enacted “Statute of Repose” laws. These are laws that say that once the Statute of Limitations has passed, the debts are EXTINGUISHED. Basically, the tolling of the Statute of Limitations triggers the debt to be wiped out. Those states are: Mississippi, Wisconsin, Minnesota, Louisiana & North Carolina.
3. Multiple States Attorneys Generals Offices have issued “opinions”, which in the view of the Attorney General that once the Statute of Limitations has tolled, a collection agency is in violation of the FDCPA (Fair Debt Collection Practices Act) by attempting to collect on the debt. While these opinions are not laws, they will most likely hold up in court if challenged. In addition, the State of New Mexico requires a collection agency tell the consumer that the account is past stats if it is and tell the consumer they are not “required”’ to pay the account.
a. There are so many opinions on this that our company will NOT work any account where the Statute of Limitations has tolled for fear of being sued.

PPP – In addition to all of this, an account can NOT be placed at more than 1 collection agency at a time – it is a violation of the FDCPA (Fair Debt Collection Practices Act) for more than 1 company to contact you at a time regarding the account.

Now, to make sure that your rights are not violated, anytime you receive notice that somebody is attempting to collect on this debt, you need to
· DISPUTE THE DEBT IN WRITING. Tell them limited details of the dispute.
· IDENTIFY TO THE DEBT COLLECTION AGENCY THE ACCOUNT IS PAST STATS. If you are in a State that has a Statute of Repose, identify that.
· FILE SUIT. Yup. As much as I’m an advocate for collection agencies, I do it right and I want my competition to do it the right way. If the agency is breaking the law then hold them to it. There are a TON of attorneys that will file suit against the agency WITHOUT IT COSTING YOU A PENNY!!!

Next, if ANYBODY is reporting this to your credit report, SUE THEM. Not only do you most likely have FDCPA action (which can earn you some money, but not enough to retire on), you now have FCRA (FAIR CREDIT REPORTING ACT) claims. THIS IS BIG MONEY!!!! Your attorney and you should make a pretty penny on this, especially if more than 1 person is reporting this to your credit.

 

[DollarDay]

Sure why not, you still owe them money don't you?

Maybe not Killa .... depends on where he's at.

 

[DollarDay]

baccy would be the one to talk to

yup.

 

[DollarDay]

No i dont owe anybody currently on my credit report anything. Debts are on your credit report for a fixed amount of time (so ive always thought) and that time has expired. T-Mobile is not on my credit report report anymore only these collectors. If T-Mobile wanted the money they could have sued me as i asked them to do years ago but they wouldnt, they choose to put it on my report instead...After the fixed time it was removed.

You are correct - debts can only be on your credit report for 7 years from THE ORIGINAL DATE OF DELINQUENCY. You are correct, in order to prolong this they should have sued you - however for that small of a dollar amount they won't (and didn't).

 

[DollarDay]

t-mobile sold the debt.. technically the new creditors have 7years to collect as well.. its unfortunate but its a long and never ending chain of events. u can try to contact the 3 credit bureaus by mail or online and ask them to remove the debt as its not yours.. if they cannot get proof from the company by 30 business days, then by law they must remove the debt. its worth a try and with the free credit report websites, u can dispute stuff once per year.

-murph

Murph - sorry, wrong on this one. The account does not reset everytime it's sold. There could be a Statute of Repose based on the state he's in, among other items. There's a lot to look at here. You are correct about disputing with the 3 major credit reporting companies, however in this case the best bet is to apply for credit and get denied while this is on there. This way actual "damages" are created then file suit for FCRA violations as they can only put it on the bureau for 7 years from the original date of delinquency. As for disputing an account, you can dispute it daily if you like - it's not a once a year thingy.

 

[DollarDay]

"technically the new creditors have 7years to collect as well"

Thats what i was afraid of. Ive written the CB's numerous times with no replies. Maybe there is a specific form i need to fill or something.

Hell with em i guess, im broke so i dont need credit anyway but its fucking up my hunt for business insurance cus they use your CR score to determine your rates.

Thxxxxxx

Just saw that your business insurance is getting up because of your cr score - well, it'll be score for you and your attorney. You need to write to the credit reporting companies and send by certified mail. They have a "reasonable" period of time with which to get with the creditor placing the derogatory remark on your credit report and they then have a reasonable period of time to respond. If they don't respond in that time the remark must be removed.