Strange letter received from JDB

[tkang69]

Hello CB'ers,

 

I have a debt that is beyond SOL for collection, and will be, or already is beyond SOL for reporting on credit reports.

 

I received a settlement offer letter from a JDB for the debt, which includes the following statement:

 

"The law limits how long you can be sued for a debt. Because of the age of your debt, we will not sue you for it, we will not report it to any credit reporting agency, and payment or non-payment of this debt will not affect your credit score".

 

The above statement appears to be false, since this JDB is reporting the debt to EQ, TU, and EX, and has been since they purchased the debt. By my records, the debt should have already been SOL for reporting probably by the end of 2014, as I have a notice from a collection agency that indicates they were assigned the debt in December 2007. I also have a statement from the OC on the original debt that shows it was 4 payments past due in December 2007.

Their letter is dated 1 April, 2015 and as of 24 April, 2015 the collection is still on my credit reports.

 

I do not intend to pay it, as it is long past SOL.

 

My question is, what type of leverage (if any) do I have to force them to delete? Do I have a an FDCPA violation for false and misleading statements? Thanks in advance for any assistance!

[GR8WhiTE]

Send them a FOAD letter since it's past SOL.

Edited April 25, 2015 by GR8WhiTE

[ICANHASMUNY?]

.

 

 

Hello CB'ers,

 

I have a debt that is beyond SOL for collection, and will be, or already is beyond SOL for reporting on credit reports.

 

I received a settlement offer letter from a JDB for the debt, which includes the following statement:

 

"The law limits how long you can be sued for a debt. Because of the age of your debt, we will not sue you for it, we will not report it to any credit reporting agency, and payment or non-payment of this debt will not affect your credit score".

 

The above statement appears to be false, since this JDB is reporting the debt to EQ, TU, and EX, and has been since they purchased the debt. By my records, the debt should have already been SOL for reporting probably by the end of 2014, as I have a notice from a collection agency that indicates they were assigned the debt in December 2007. I also have a statement from the OC on the original debt that shows it was 4 payments past due in December 2007.

Their letter is dated 1 April, 2015 and as of 24 April, 2015 the collection is still on my credit reports.

 

I do not intend to pay it, as it is long past SOL.

 

My question is, what type of leverage (if any) do I have to force them to delete? Do I have a an FDCPA violation for false and misleading statements? Thanks in advance for any assistance!

 

 

The JDB is reporting?

 

is the OC still on your reports or not?

 

Yeah, you probably do, but they will probably claim bona fide error if you file just on the letter issue.

 

But if it's Obsolete for FCRA reporting limits, you may have them there for reporting false credit information under the FDCPA or your state debt collection laws.

 

for FCRA violations, you have to dispute thru the CRA's first - and have a paper-trail ( NO online disputes )

 

if the OC's gone, and the JDB is still reporting - they should have known that it was obsolete - the CDIA guidelines require them to advise the JDB when the DOFD was, and;

 

if the CRA's are letting them report a obsolete account, when the CRA deleted the OC, then you could have the CRA on FCRA violations. ( but you have to dispute first. )

 

 

you have no private right to action under the FCRA unless you file a dispute with the CRA - (well settled case law in every federal court )

[tweak]

Send them a FOAD letter since it's past SOL.

 

+1 -- if your main goal is deletion.

 

And then complete the 1-2 punch with disputes to the CRAs.

 

If you want to try to collect damages, follow ICAN's advice.

[tkang69]

 

.

 

 

Hello CB'ers,

 

I have a debt that is beyond SOL for collection, and will be, or already is beyond SOL for reporting on credit reports.

 

I received a settlement offer letter from a JDB for the debt, which includes the following statement:

 

"The law limits how long you can be sued for a debt. Because of the age of your debt, we will not sue you for it, we will not report it to any credit reporting agency, and payment or non-payment of this debt will not affect your credit score".

 

The above statement appears to be false, since this JDB is reporting the debt to EQ, TU, and EX, and has been since they purchased the debt. By my records, the debt should have already been SOL for reporting probably by the end of 2014, as I have a notice from a collection agency that indicates they were assigned the debt in December 2007. I also have a statement from the OC on the original debt that shows it was 4 payments past due in December 2007.

Their letter is dated 1 April, 2015 and as of 24 April, 2015 the collection is still on my credit reports.

 

I do not intend to pay it, as it is long past SOL.

 

My question is, what type of leverage (if any) do I have to force them to delete? Do I have a an FDCPA violation for false and misleading statements? Thanks in advance for any assistance!

 

 

The JDB is reporting? Yes, they have been reporting since they obtained the account.

 

is the OC still on your reports or not? It is still reporting on my EX and EQ, but both with different amounts and DoFD is 5/2008 on one, and 6/2008 on the other.

 

Yeah, you probably do, but they will probably claim bona fide error if you file just on the letter issue. Can I still press them to delete the tradeline to correct the issue?

 

But if it's Obsolete for FCRA reporting limits, you may have them there for reporting false credit information under the FDCPA or your state debt collection laws. I'm in California, so I'll read up on Rosenthal FDCPA, and the newer JDB law that extends Rosenthal.

 

for FCRA violations, you have to dispute thru the CRA's first - and have a paper-trail ( NO online disputes ) I have not disputed this account online, but I did dispute two other tradelines that report the same DoFD from this JDB, and they verified those. They should also be falling off soon (they are only reporting on EQ, already deleted from TU, EX)

 

if the OC's gone, and the JDB is still reporting - they should have known that it was obsolete - the CDIA guidelines require them to advise the JDB when the DOFD was, and;

 

if the CRA's are letting them report a obsolete account, when the CRA deleted the OC, then you could have the CRA on FCRA violations. ( but you have to dispute first. )

 

 

you have no private right to action under the FCRA unless you file a dispute with the CRA - (well settled case law in every federal court )

 

 

 

 

Send them a FOAD letter since it's past SOL.

 

+1 -- if your main goal is deletion.

 

And then complete the 1-2 punch with disputes to the CRAs. I can try the 1-2 punch. Just need to make sure that I do it right the first time.

 

If you want to try to collect damages, follow ICAN's advice.

 

 

I've answered above. Thanks for the guidance.

[ICANHASMUNY?]

DONT DO ANYMORE ONLINE DISPUTES

 

you could fire back a letter stating that

 

"their offer is misleading and deceptive, since they are obviously still reporting this account to the CRA's , and you have the reports in your hand that are dated after the letter was sent.

 

 

State that you Are going to file complaints with the CFPB unless those derogatory accounts are deleted, as these account are certainly damaging your credit score.

[tkang69]

Update on this JDB. They updated last on April 8th (7 days after the date of their letter saying too old to report). The account in question was deleted on EQ as of Today (not disputed, removed by either EQ or the JDB). The account is still listed on my TU report, and EX is freezing me out of ordering my credit report online (seems this is happening a lot lately). I am going to fire off the letter to them as ICAN has said to do, since it is still on my reports and I have proof that they updated it after sending the letter.