Help with collector/old debt & credit report

[CoolCarl007]

What is the name of your state? Tennessee

Received a call from N.A.F.S. on the machine a few days ago regarding a debt message said they had tried to call all month (lie) and would be deciding what action to take if i didn't call back that day. Long story short they called a few more times, spoken to my mother who was over once and gave her a verbal thrashing, i believe in total 3 calls in 4 days with a letter coming today from NAFS/Genesis Financial Solutions. The letter states the previous account holder was Cross Country Bank which i barely remember and the current is Genesis Financial, the letter is from NAFS (National Action Financial Services) though which i don't really get. Thought i would run my credit report to see who it was before i tried to deal with it and here's what i got from Equifax which showed 3 creditors, 2 closed and 1 open which isn't the creditor in question..

2 Inquires from creditors in past 12 months
AR-GENESIS FINANCIAL SOLUTION 07/19/2007
AR-N.A.F.S. BUFFALO 08/16/2007

#open accnts - 0
#closed accnts- 3
accnts in good standing - 2 (Pennys, Wells Fargo)
accnts past due - 0
negative accnt hist - 1 (AFNI Cingular)

AFNI/Cingular

Open Account
Date opened - N/A
Date reported - 11/2004
Date last payment -
Status - Collection accnt
Balance - 468
Date last activity - 11/2002

Wells Fargo Financial

Date opened - 01/1999
Date reported - 12/1999
Status - Pays as agreed
Balance - 0
Date last activity - 10/1999

All i got from this one is that NAFS and/or Genesis checked up on my report but the account in question Cross Country Bank isn't on the report anywhere nor is the amount there saying owe (which isn't right).

I did the free credit report thing but the only one i got info from was Equifax. I saw Experion's which had Penny's & Cingular but not wells fargo. It also showed no debt from Cross Country Bank. The third report from Trans-Union i didn't get as it said something about security validation didn't pass?? Either way the current debt is not showing up on 2 of 2 reports I've checked as cingular is the only "open" debt showing. I'm not sure of the SOL in TN as a few sites i've looked at had outdated or different years listed. I do vaguely remember getting letters from cross country years ago and i "think" it was a Master card with just a 500 limit (there saying i owe a grand) but have no proof of any kind to back anything up as it was soooo many years ago.

Overall the only place the collectors are mentioned in the two reports i read are in the inquires i listed above, just twice and both the past month or so. Cross Country or mention of the debt is not mentioned anywhere except for the letter. I don't understand why Cross Country isn't showing up on the reports and i'm also unsure of how to handle this collector. I figure i have/need to talk to them relatively soon so no action is taken or maybe they are the last ditch effort before the SOL runs out. Like i said i'm unsure how to proceed as i wanted to check the debt on my report so i could call them with some knowledge of what was going on but that didn't seem to work. Any help would be greatly, greatly appreciated as i'm totally unsure of how to proceed...

[debtcollector`]

They could also be giving the courtesy of a chance to take care of it before they report the account to the CRAs.

DC

[Ladynred]

I don't understand why Cross Country isn't showing up on the reports

My guess would be that it has already dropped off your reports, negatives can only be legally reported for 7-1/2 years.

and i'm also unsure of how to handle this collector

You send them a request for validation, asking them to prove the debt is valid. You can find more info on validation at [url]www.creditinfocenter.com[/url]

The SOL in TN is SIX years. Chances are that if the original Cross Country Bank debt has already aged off your reports, then the SOL has expired AND they cannot legally report the collection to the credit bureaus. Collections CAN NOT survive the obsolescence (for reporting) of the ORIGINAL debt.

[CoolCarl007]

Thanks for the advice, i really wish i could remember the order i got my cards in. I think i got cross country after penny's but penny's still shows up. Also how often do they update your report on those sites as i figured it may pop up? I'm definitely going to send the validation letter monday they have a good one on that site i believe i'll send. Although i haven't spoken to them on the phone, they've only left messages and talked to my mother once should i not call them back or pick up and tell them the letter is on the way? I know not to admit to the debt etc..etc.. from reading up on things but i wasn't sure if i should tell them the letter is on the way or just send it and not answer in the meantime. Thanks again for the advice and suggestions, it is very much appreciated!!

[Ladynred]

Also how often do they update your report on those sites as i figured it may pop up?

There's no way to tell. Some places report monthly, others only quarterly. If the original debt is past the legal reporting period, it should NEVER show up.

No point in calling them and I would not tell them anything. Just send your letter certified, RRR and keep copies of everything.

[GulfBreeze]

you mentioned only one CR agency. there is 3 major ones and sometimes they don't all match up. i would ignore them until they send something to you like a threatening letter (possible violation, so keep the letter) and then send a CMRR asking for validation/verification. tenn is 6 years and if this is past it, they can't get the courts to enforce it and past 7-7 1/2, they cant list it on your reports. they might still think they can harass you but just let them know you have legal rights to sue them if they do.

that account that you have with a 11/2002 date...that will be coming off your report in a couple of years...lay low and dont wake up sleeping giants. you have a little more than 1 year to go for sol defensive.

[CoolCarl007]

Sent my letter out last month, they received it on Sep. 4th according to the post office. They called this morning so i was thinking huh? they are not supposed to until i receive the letter. Went to the mailbox and there it sits (they have good timing) lol. So the letter i get reads as follows, it's from Genesis which i don't get either being as the ppl calling identified themselves as NAFS, and the last letterhead was NAFS...who knows..

We are unable to obtain the original application or other related documents. The account has been cancelled and notification has been sent to the three major reporting agencies, as applicable, to remove our information from your credit profile.

So I am assuming it was past the SOL? "Unable to obtain" makes me think it was too old i guess so they said forget it, if that's the case why did they still call? If they keep calling after today being as i have the letter, should i finally pick up, tell them to stop? I had someone here to pickup this morning and they just asked if i was here, if i was working, then when asked what it was concerning they said, "he knows what its about", when asked had they talked to me they admitted "no". Not sure why they are still calling after the letter but unless i read it wrong lol, i wouldn't think they could anymore.

Thanks for the great advice on the letter and everything as it got the calls stopped for awhile and really eased my mind. Just thought i would post and update and ask if/why they will still call. Thanks again!!