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mannyj

New Baddie from old CO, OC not reporting

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I joined this board in 2010 and it took years and hard work to get all the baddies off my report (Thanks CB). Then out of the blue I get a baddie on my Exp report from a CO named Williams & Rivera Litigation. They are trying to collect on a old Fingerhut account that is no longer reporting. I attempted a old WhyChat kitchen sink type dispute letter that has worked for me many many times in the past but it came back today as "Verified". My question is, what is the best approach from here? Its a $400 CO with a collection agency, the OC is not reporting anymore, I disputed them off years ago. 

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19 minutes ago, hegemony said:

what is the DOFD of the debt?

 

and hi :wave:

Hegemony...long time, howdy!

 

I actually don't know the DOFD because the OC is not reporting and this collection junk buyer agency just has a line item that says, "On Record Until May 2021" The OC info they have in the historical info field says First Reported 8/2019 (This is clearly not the DOFD

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27 minutes ago, hegemony said:

do you have any old credit reports? do you think this might be too old to report?

I do not, recently moved a lot of stuff is still in storage. I  believe this may still be under sol for NY. If I remember correct I successfully disputed the OC off.

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What's your best recollection of when/how long ago you made your last payment on this account?  That will give a reasonable idea of whether it's still within SoL and/or past the CRA reporting deadline.  The trick might be proving it's too old to report and/or collect on. But I'm not sure the full burden of proof should be on you.  Sounds like this collection firm doesn't have any better documentation than you have.

 

Any email or phone records that might indicate when the account went delinquent?  Or maybe Fingerhut could give you the date based on your name or account number, if you called and spoke to a customer service agent on their 800 number?

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35 minutes ago, Burdell said:

What's your best recollection of when/how long ago you made your last payment on this account?  That will give a reasonable idea of whether it's still within SoL and/or past the CRA reporting deadline.  The trick might be proving it's too old to report and/or collect on. But I'm not sure the full burden of proof should be on you.  Sounds like this collection firm doesn't have any better documentation than you have.

 

Any email or phone records that might indicate when the account went delinquent?  Or maybe Fingerhut could give you the date based on your name or account number, if you called and spoke to a customer service agent on their 800 number?

I asked for the DOFD to be verified in my kitchen sink letter but it appears Experian did not provide that it just came back "Verified" updated with not much info at all changing. Should I send another letter specifically asking the CRA to verify DOFD?

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I think you've probably reached the end of what you will be able to get out of Experian. Sounds like you haven't received any correspondence from the collection firm yet -- have you considered sending them a dispute/validation letter?  At the very least they should have copies of your last few statements before the charge off occurred.  These statements should indicate the dates of last activity on the account.

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7 hours ago, Burdell said:

I think you've probably reached the end of what you will be able to get out of Experian. Sounds like you haven't received any correspondence from the collection firm yet -- have you considered sending them a dispute/validation letter?  At the very least they should have copies of your last few statements before the charge off occurred.  These statements should indicate the dates of last activity on the account.

Unless NY has a different law regarding validation, the OP can send a validation letter, but the CA won’t be required to respond.  But I know some CAs will respond under these circumstances, so hopefully that will happen for the OP.

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9 hours ago, Burdell said:

I think you've probably reached the end of what you will be able to get out of Experian. Sounds like you haven't received any correspondence from the collection firm yet -- have you considered sending them a dispute/validation letter?  At the very least they should have copies of your last few statements before the charge off occurred.  These statements should indicate the dates of last activity on the account.

Ok I managed to put my hands on some notes I took when the CA called me.  

Opened: 9/2013

Closed: 1/23/2015

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46 minutes ago, mannyj said:

Ok I managed to put my hands on some notes I took when the CA called me.  

Opened: 9/2013

Closed: 1/23/2015

NY has this law for credit reporting.


 

New York State General Business Law Section 380-j

“(f)(1) Except as authorized under paragraph two of this subdivision, no consumer reporting agency may make any consumer report containing any of the following items of information.


(iv) accounts placed for collection or charged to profit and loss which antedate the report by more than seven years;  or accounts placed for collection or charged to profit and loss, which have been paid and which antedate the report by more than five years; “

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14 hours ago, mannyj said:

Hegemony...long time, howdy!

 

I actually don't know the DOFD because the OC is not reporting and this collection junk buyer agency just has a line item that says, "On Record Until May 2021" The OC info they have in the historical info field says First Reported 8/2019 (This is clearly not the DOFD

What shows on your older copies of the paper reports that should be in your file cabinet or scanned on your hard-drive?  Surely someone who has previously been through the dispute processes wouldn't have thrown those documents away.  Same thing with the original copies of billing statements that should be in a folder in the file cabinet...

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2 hours ago, Bluesie58 said:

Unless NY has a different law regarding validation, the OP can send a validation letter, but the CA won’t be required to respond.  But I know some CAs will respond under these circumstances, so hopefully that will happen for the OP.

Matters would also be helped by actually tailoring a letter instead of looking generic copy-n-paste templates.  Generic crap begets generic crap, and in some cases, also makes it difficult to do things the right way further down the road (sort of like inmates who file some piece o'crap writ and burn their one bite at the apple, missing the chance to get relief on a legitimate issue). 

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11 hours ago, mannyj said:

Ok I managed to put my hands on some notes I took when the CA called me.  

Opened: 9/2013

Closed: 1/23/2015

OK, I'm assuming closed on 1/23/15 means charged-off on that date, which usually happens 6 months after DOFD if no payments are made after that.

 

So for New York the SOL would run out 6 years from DOFD (probably around July 23, 2014) so that would be late July 2020, about 8 months from now. Likewise, the credit reporting time limit would be about a year later, late July 2021.  I think you need to tread carefully until the SOL runs out, and you may just have to live with being on your credit reports for the next 19 months or so.  You can probably get it deleted again about 6-8 months early from at least one or two of the CRAs, which is about a year from now.

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1 hour ago, Burdell said:

OK, I'm assuming closed on 1/23/15 means charged-off on that date, which usually happens 6 months after DOFD if no payments are made after that.

 

So for New York the SOL would run out 6 years from DOFD (probably around July 23, 2014) so that would be late July 2020, about 8 months from now. Likewise, the credit reporting time limit would be about a year later, late July 2021.  I think you need to tread carefully until the SOL runs out, and you may just have to live with being on your credit reports for the next 19 months or so.  You can probably get it deleted again about 6-8 months early from at least one or two of the CRAs, which is about a year from now.

 

I'm afraid you may be correct, that is the date that is listed on the Exp report. It says on record to May 2021. I can't have that on my report unpaid.

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SOL is four years for a store card   in NY and NJ (see the link at the end for NY)

 

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0

A-0151-14T1

A-0152-14T1


Having considered the parties' arguments, we hold that  claims arising from a retail customer's use of a store-issued credit card — or one issued by a financial institution on a store's behalf — when the use of which is restricted to making purchases from the issuing retailer are subject to the four-year statute of limitations set forth in N.J.S.A. 12A:2-725. We also hold that if an action is filed after the expiration of this four-year period, the FDCPA requires the award of  statutory damages and costs, absent a showing that the action was filed due to a "bona fide error" under the act. 
 
Accordingly, we affirm the application of the four-year statute of limitations in each case and the award of statutory fees and costs in two of the cases, but we reverse and remand the denial of those fees
and costs in the other.
 
Specifically, in June 2003, defendant Luisa Acevedo obtained a credit card from The Children's Place clothing store that was issued by Citibank and could only be used to purchase merchandise at that store. In 1998,
 
Defendant Alisa Johnson obtained a JCPenney credit card, issued by GE Money Bank, for use only at JCPenney stores  
 
Defendant Bruce Thiel obtained a Home Depot credit card, issued by Citibank, for use only at Home Depot stores
 
 
AND PARTIAL PAYMENT DOES NOT RESET THE STATUTE OF LIMITATIONS UNDER THESE TYPES OF DEBTS. 
 
We also find no merit in plaintiff's contention that Thiel's partial payments, which were all less than the minimum amount required by his credit card agreement, tolled the running of the statute of limitations.6 "A cause of action will accrue on the date that 'the right to institute and maintain a suit first arose,'" and "generally coincides with 'the date on which the statutory clock begins to run.'" Johnson, supra, __ N.J. at __ (slip op. at 30) (quoting White v. Mattera, 175 N.J. 158, 164 (2003)).
 
"In an action on a sales contract, '[a] cause of action accrues when the breach occurs.'" Deluxe Sales & Serv., Inc. v. Hyundai Eng'g & Constr. Co., 254 N.J. Super. 370, 375 (App. Div. 1992) (quoting N.J.S.A. 12A:2-725(2)).
 
In collection actions, the right to institute and maintain a suit arises on the date of default — the first date on which the debtor fails to make a minimum payment. See id. at 374-75.


https://www.nycourts.gov/courts/nyc/civil/consumercredit.shtml   paragraph 11

 

(the link states the same thing for NY on a state website)

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Got an update on this. I’m in the process of moving so I don’t have all of my records at my disposal since much of my things are still in storage. However, I was able to locate one of the last payments I made to the OC (Fingerhut) a screenprint with transaction ID showing before my payment the balance on the acct was 477.00 then I made an a payment for 238. The tricky thing here is I found an email from 2016 with response back from Fingerhut where I was disputing the charges of 477 on the account and I believed the true balance at the time was $238.97 which is what I paid. A representative responded  via email which I have stating they no longer had the account and could not provide any additional information.

I tried calling Fingerhut again today to see if I could get any information at all and both the credit and collection department had no information in their system whatsoever for me, how should I proceed with the CA

(sorry for the long post)

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1 hour ago, mannyj said:

Got an update on this. I’m in the process of moving so I don’t have all of my records at my disposal since much of my things are still in storage. However, I was able to locate one of the last payments I made to the OC (Fingerhut) a screenprint with transaction ID showing before my payment the balance on the acct was 477.00 then I made an a payment for 238. The tricky thing here is I found an email from 2016 with response back from Fingerhut where I was disputing the charges of 477 on the account and I believed the true balance at the time was $238.97 which is what I paid. A representative responded  via email which I have stating they no longer had the account and could not provide any additional information.

I tried calling Fingerhut again today to see if I could get any information at all and both the credit and collection department had no information in their system whatsoever for me, how should I proceed with the CA

(sorry for the long post)

Personally, I wouldn't play whack-a-mole with this one, considering that you have other paid CO's on your credit report.  (I fully respect anyone else's different take here.)

 

I'd call them, tell them that only an outstanding balance of $238.03 remains and that if they'll submit a request for "payment in full" in that amount, you'll promptly remit it, after receipt of which you expect the collection tradeline to reflect a fully paid status.  Don't dance on the phone with them; respond to anything they say by asking if they'll accept the amount as payment in full.  If they don't want to answer directly, tell them they're welcome to call back when they're ready accept the payment on those terms.  In any case, insist on a written statement documenting that the payment will fully settle the balance due in advance of making payment.

 

Of course, you'll take your best shot (after the fact) at getting the tradeline deleted.

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