Dunning letter after 7 year reporting period

[Russ4h]

I received a dunning letter for an account that had been removed as obsolete (the account was older than the 7 years permissable by the fcra)..

 

What is the normal procedure? Just send a dv to the collection agency? Or leave it alone since the OC account they are collecting for is past the 7 year reporting period allowed and had already been removed from all credit reports.

[johnny5]

Is it past SOL for your state?

 

If so, I'd send them a FOAD letter, explaining that its past SOL for your state and exceeds the 7 year reporting term. That being said as a CYA move hopefully you have paperwork or documentation to prove both of these points.. Do NOT send them the proof but if they don't go away that proof will help you court if necessary.

[Russ4h]

Yeah my state sol is 3 years. The oc account was removed earlier this year due to being obsolete.. Now i get this dunning letter for the same account.

 

I just don't want it showing up on my credit report. Especially since the original creditor account was removed for being obsolete.

[breeze]

That's why you send that letter - let them know that you know how old the account is. They can legally send letters and call unless you tell them to stop, but they cannot put it back on your report.

[Russ4h]

Ok, so you think i should just send a DV letter? Or send a cease and desist? there is no way this can show up on my credit report since the OC account is past the 7 years and has already been removed from all reports due to being obsolete?

[breeze]

Yes, send the "FOAD" letter. I wouldn't say it can't appear on your report - but if it does, it's illegal. Collectors have been known to break the law.

[johnny5]

Ok, so you think i should just send a DV letter? Or send a cease and desist? there is no way this can show up on my credit report since the OC account is past the 7 years and has already been removed from all reports due to being obsolete?

 

The letter I mentioned before is still my recommendation.

 

 

There are plenty of ways this can show back up on your credit report, though 99.99% of them involve the CA breaking the law or fabricating false information also clearly illegal. Sadly it seems that this tends to happen from time to time. In my opinion the best way to do this is point out that you know the laws and regulations around this, Hopefully they will decide to just drop it.

 

Usually an FOAD includes a form of Cease and desist as well, personally I always prefer the limited (No Phone calls) because I hope for the off chance they mail me evidence that I can use in my favor in one way or another. Which I recently had a CA, mail me copies of an old bill the clearly showed it was over 7 years old, I didn't have any records to prove my claim but they not being smart gave it to me!

[Russ4h]

Ok, so you think i should just send a DV letter? Or send a cease and desist? there is no way this can show up on my credit report since the OC account is past the 7 years and has already been removed from all reports due to being obsolete?

 

The letter I mentioned before is still my recommendation.

 

 

There are plenty of ways this can show back up on your credit report, though 99.99% of them involve the CA breaking the law or fabricating false information also clearly illegal. Sadly it seems that this tends to happen from time to time. In my opinion the best way to do this is point out that you know the laws and regulations around this, Hopefully they will decide to just drop it.

 

Usually an FOAD includes a form of Cease and desist as well, personally I always prefer the limited (No Phone calls) because I hope for the off chance they mail me evidence that I can use in my favor in one way or another. Which I recently had a CA, mail me copies of an old bill the clearly showed it was over 7 years old, I didn't have any records to prove my claim but they not being smart gave it to me!

 

 

Ok, thanks for the help. I was reading up on this topic and i came across a hybrid DV/FOAD letter that i might send.

 

This sure is frustrating, especially since i was so excited to finally be done with the OC charge off and i figured i wouldn't have to worry about it anymore since it was past the state SOL and the 7 year reporting limit.

[johnny5]

Ok, thanks for the help. I was reading up on this topic and i came across a hybrid DV/FOAD letter that i might send.

 

This sure is frustrating, especially since i was so excited to finally be done with the OC charge off and i figured i wouldn't have to worry about it anymore since it was past the state SOL and the 7 year reporting limit.

 

From what i've read about other folks experiences, typically once it goes through a few collection agencies and it continues to age will finally go away, usually the smaller amount the sooner its not worth it for them.

 

EDIT: But I've also seen people post about debts 10-15 an up that randomly resurface for a moment.

 

All in all it does not take very long to write the letter and its a few bucks in the mail, and its a little extra paper trail if things get out of control with them.

Edited May 5, 2012 by johnny5

[Russ4h]

Ok, thanks for the help. I was reading up on this topic and i came across a hybrid DV/FOAD letter that i might send.

 

This sure is frustrating, especially since i was so excited to finally be done with the OC charge off and i figured i wouldn't have to worry about it anymore since it was past the state SOL and the 7 year reporting limit.

 

From what i've read about other folks experiences, typically once it goes through a few collection agencies and it continues to age will finally go away, usually the smaller amount the sooner its not worth it for them.

 

EDIT: But I've also seen people post about debts 10-15 an up that randomly resurface for a moment.

 

All in all it does not take very long to write the letter and its a few bucks in the mail, and its a little extra paper trail if things get out of control with them.

 

 

Very True.

 

I wonder if anyone has ever just ignored a dunning letter about a zombie debt? With the thought that it just won't be posted to any CRA since it is so old and doing so would be illegal. I guess it just wouldnt be worth the risk of it actually getting reported and then having to take action to get it removed.