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If the creditor (debt collector, etc.) provide enough information in a telephone call (account number, etc.) that an alleged account can be identified, I send a debt validation letter even if it's to an email address belonging to the creditor. The creditor should respond with a letter within five days, but just in case they don't, I always send the letter and keep a record of that. Others recommend ignoring the notification until a letter arrives for various reasons.
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Proceed with caution. You would need to find a representative who would be able to both accept payment and erase (delete) the negative information. Typically one person does not work in both departments. It would require a coordination of events in a company the size of Verizon. I would politely make the offer but want a signature from someone who had authority to remove the negative reporting. The collector is paid to get your money, not remove the negative credit entry....remember that. Good luck
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Well if this debt is real at all, which is doubtful, it would be several decades old at a minimum....so zombie would be the correct word. That said any debt collector is expected to follow the FDCPA, even zombie debt collectors. You are certainly correct about resetting the clock if you make any type of payment at all... A few things may possible reset the clock on the debt, so one must be cautious. Making a Payment on the Debt: Even a partial payment on a debt, regardless of the amount, restarts the statute of limitations. This signifies renewed acknowledgment of the debt and can potentially extend the creditor's window to sue you for the full balance, including accrued interest and fees. Negotiating a New Payment Plan: Engaging with a debt collector to establish a new repayment plan can also reset the statute of limitations. This is particularly true if the plan involves making a payment or signing a formal agreement that acknowledges the debt. Acknowledging Ownership of the Debt in Writing: Any written communication that confirms your ownership of the debt can trigger a restart of the limitations period. This could include a letter to the debt collector, a text message discussing the debt, or even an email acknowledging the outstanding balance. Agreeing to a Repayment Plan: Similar to negotiating a new plan, simply agreeing to an existing repayment plan, especially if it involves making payments, can reset the statute of limitations. Be cautious before agreeing to such plans, especially if the debt's statute of limitations is nearing its expiration. Thanks for reminding an old man of potential pitfalls.
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Midland and Portfolio Recovery showing as accounts
BeachDweller replied to bama's topic in Credit Forum
Bama, what is the "date of delinquency" or "date of last payment?" Junk Debt Buyers frequently report monthly to cause the maximum damage to your account score. They are also predatory in nature and know when someone is buying a home. They know many banks will require buyers to pay off all delinquent accounts prior to issuing a new loan. If the date of delinquency or date of last payment exceeds the allowable reporting period, you can request the Credit Reporting Agencies remove those accounts. -
It's been a while.....this is more of a "notification" posting about a dubious conversation. Today a call came from an "Unknown" telephone number, but I answer all calls. The person on the phone stated I needed to contact "Rossfeld and Associates" regarding litigation filed against me (checking local court dockets none are filed). The telephone number the person provided was 855-730-4875. (An Internet search of the phone number provided no results; some folks call that a clue). Upon calling "Rossfeld and Associates", a representative stated I owed a debt on a gasoline credit card near $4K. Not recognizing the debt, and not owning a gas card, I asked questions about when, where, the date, etc. He stated he didn't have access to any information and only needed to provide the name of an original creditor, no other information. I needed to make immediate payment to avoid court. They never mentioned the FDCPA, and since this was the first notification, I did. He immediately hung up. I called back and the next person said, "we will see you in court." Probably not. After hanging up, I performed a Google search of the company and found less than ten results (yet another clue). On one website a phone number shows 844-755-1818. The website is very vague, just stating they have over 30 years experience and has a "corporate headquarters" followed by an email address, no physical address. Absent the website is any information about Rossfeld or any "associate(s)." The company representative did indicate the company is from California. A Secretary of State business entity search stated "No Results" for the name Rossfeld. (see enclosed link) I will have to send a debt validation and limited cease and desist letter to the email address since there is no physical address for "corporate headquarters"; however, since the representative (who said he wasn't an attorney) didn't seem inclined to follow the FDCPA when contacting me, it's doubtful any representative will care about debt validation limited cease and desist letters. Nonetheless, the letters must be generated in order to enact protections. One cannot be certain the Rossfeld in the title of the company is an attorney or not but most attorneys form a LLP or other business entity registered with the state to protect themselves. Be wary of entities such as this. Have many popped up in the past? I've been gone for years. Have a good day.
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There is nothing in the FCRA that requires CRAs to maintain older data and I suspect they do not. Since you are also entitled to the data in your credit file has anyone ever gotten this expanded file? Should have popped up all over the place given the relatively low limits on salary or loans. It's a unicorn. I requested my "complete full factual" file from the credit bureau and received nothing dating back more than a decade, and then only positive information past the seven year mark. I too had to complete the government SF86 for a clearance. Perhaps LN has more information. The credit bureaus did have some very antiquated addresses from decades ago, but no credit information. I would think keeping all that information from decades ago would prove very difficult and expensive, but perhaps they do store it somewhere.
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Members that don't/rarely post here anymore that you learned from
BeachDweller replied to mendelssohn's topic in Credit Forum
Jack1212 comes to mind. He developed the Jack Attack. -
I recommend sending them a notice of death and having your mother send a debt validation just in case she lives in a state where the debt of one spouse can be attributed to the other. Once they have the debt validation request, in theory they cannot sell the debt to another company. Sorry about your loss.
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The date of the first delinquency with the original creditor starts the three-year clock in Virginia.
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Just wondering how many of you folks kept your Amex Zync cards and didn't perform the product change. I kept mine as it's setup for automatic payments. I used it the other day and the clerk said, "I've never seen one of these." Has it been that long?
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Just wondering how many of you folks kept your Amex Zync cards and didn't perform the product change. I kept mine as it's setup for automatic payments. I used it the other day and the clerk said, "I've never seen one of these." Has it been that long?
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Well that Amex Platinum comes with a $450 fee for the card on an annual basis. That curbs many from applying for it.
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Debt nearly 11 years old - collection notice - do I need to pay?
BeachDweller replied to srenrut's topic in Credit Forum
I never advocate sending a "FOAD" letter to a collection agency. If I receive a dunning letter, it's always met with a debt validation request. Even if it's out of date for collection, it's the best method of dealing with the debt. They cannot continue to attempt to collect on a debt after receiving that letter in the first 30 days. At 11 years out, there is very little chance they have paper on the debt. You've tied their hands. Ignoring isn't a good option since they can keep selling the debt to others. -
Need help understanding how to DV the OC and CA
BeachDweller replied to erinj10's topic in Credit Forum
Your date of first delinquency is in 2011, correct? You need to offer the month to know when to begin the debt validation and dispute process. The original creditor can stay on your report as long as the original creditor shows a charge off and a zero balance. Additionally one collection agency might show the same account with a balance. Once you reach the five year mark, you can send an unknown debt validation letter to the collection agency. That starts the process with them. -
Call them on the telephone.