Old debt sold, reporting new

[cvdesign]

What is the name of your state? Florida

Several years ago, my MIL signed me up for a book club (asked her not to, didn't want her to, she did it anyway to "save my soul") and the book came, I sent it back (didn't use Certified or Delivery confirm -- and now, it's so long ago that I couldn't find the stupid receipt to save my life). And moron that I am, since it gave me the option to cancel in 14 days, I thought that was it.

Fast forward: I checked my credit the other day (saw "FreeCreditblahblah.com and figured it'd be a good idea with all the online purchasing I do) and Lo! And behold! That *&$# book club (or rather, a CA on their behalf) has an entry for me!

According to the paperwork/report, it specifies the date the account was opened (Oct. 23, 2003), and the date RJM bought the account (Dec. 4, 2006).

Since it was never MY account, I disputed this. On their "response" they state that they do believe it's mine (blah, blah, blah) and that EXPERIAN told them to report the date as Dec. 4, 2006 (the date they bought the debt.)

Sooo ... my question is (aside from any advice on hiding my MIL's body -- which I'll gladly take, BTW) is: Can they DO that? Isn't that illegally re-aging the debt??

Or are my only options to let them know that my MIL forged my signature (which she admits she did -- remember, it was to "save my soul") or to pay this after all???

 

[wnbama]

Make them validate the account, ask them to see your signature.

I had this happen to me a few years ago with a book clu. ...Anyways, when I was buying my house it showed up on my credit report. SO I called and checked it out. Got the mailing address, sent a letter to company asking for all documents to validate it and they had nothing but a printout from where they "bought" my debt. The origianl book club company had gone out of business, so therefore they could not prove it was mine. It was taken off my credit.


Here is a link to a "sample letter" for Debt Validation
http://www.oskie.com/free-letter/debt-validation-letter-collections-collection-company-agency.htm


Good Luck!!

 

[cvdesign]

Make them validate the account, ask them to see your signature.

I had this happen to me a few years ago with a book clu. ...Anyways, when I was buying my house it showed up on my credit report. SO I called and checked it out. Got the mailing address, sent a letter to company asking for all documents to validate it and they had nothing but a printout from where they "bought" my debt. The origianl book club company had gone out of business, so therefore they could not prove it was mine. It was taken off my credit.


Here is a link to a "sample letter" for Debt Validation
http://www.oskie.com/free-letter/debt-validation-letter-collections-collection-company-agency.htm

Good Luck!!

Thanks for replying, Wnbama!!

But, now, would that involve my MIL in getting in trouble for forging my signature??? She's a PITA most days, and drives me looney ... but she IS my MIL.

The part I really don't get is the re-aging part -- they said that EXPERIAN told them to do it?!

The book club (Crossings) is still in existence, so perhaps I'll get some answers there ... I just don't want to get my MIL in trouble if I don't HAVE to. She's a bit on the unstable side, and this isn't the first time she's done this ... it's just the first time that it's gone this far.

Again, thank you!!!

 

[wnbama]

I'm not sure it would or would not get your MIL in trouble or not.

If I was you, I would still ask them to validate the account and see what they send you first, then go from there. They may not have anything to validate it on, with it being an old account.

§ 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer

You can check this out here: http://www.ftc.gov/os/statutes/fdcpajump.shtm

Also, DO NOT talk to the CA on the phone, tell them to send everything in writing!

Good Luck!

 

[Zigner]

They are not "reaging" the debt. They are reporting the correct date it was opened.

 

[cvdesign]

They are not "reaging" the debt. They are reporting the correct date it was opened.

According to them (and it does seem to commiserate with her send-crap-to-me phase) it was opened in '03, but they're reporting it as '06. How is that the correct date? I thought it went by the date that the account was opened, not the date that it was sold to a CA???

I'm not trying to be smartmouthy or argumentative ... I'm really trying to understand.

 

[cvdesign]

I'm not sure it would or would not get your MIL in trouble or not.

If I was you, I would still ask them to validate the account and see what they send you first, then go from there. They may not have anything to validate it on, with it being an old account.

§ 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer

You can check this out here: http://www.ftc.gov/os/statutes/fdcpajump.shtm

Also, DO NOT talk to the CA on the phone, tell them to send everything in writing!

Good Luck!

Thanks again, Wnbama!

They sent me the dispute form (really, a little slip of paper on which I'm to write why I shouldn't have to pay it) ... and I haven't filled it out yet. I'm just not sure what to write, I guess. Do I whammy my MIL (a little old lady who has half a mind left??) or do I claim SOL (if it's applicable) or do I just suck it up and pay the *&%$ thing?!

Now, can I ask what "validating the debt" consists of? What would I receive (if anything, in this case)? I don't know if my MIL actually forged my signature (though, she's done it before, so I'm assuming, here) or if she simply ordered it over the phone (which she has also done before -- ask me how I got a membership to a "Steak of the month club" ... go 'head, ask me!).

I'm really sorry to vent ... dealing with my MIL is a trying enough experience, but this nasty surprise just takes the cake!!

 

[wnbama]

This is what validating a debt means...Go to the link I gave you and read all about your options there.

§ 809. Validation of debts [15 USC 1692g]
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer

You can check this out here: http://www.ftc.gov/os/statutes/fdcpajump.shtm

 

[Zigner]

According to them (and it does seem to commiserate with her send-crap-to-me phase) it was opened in '03, but they're reporting it as '06. How is that the correct date? I thought it went by the date that the account was opened, not the date that it was sold to a CA???

I'm not trying to be smartmouthy or argumentative ... I'm really trying to understand.

The item will (can) stay on your record for 7 years + 6 months from the date of last activity.

EDIT:
The account being sold would not count as "activity". However, this will be on your credit report until sometime in 2010.

 

[cvdesign]

The item will (can) stay on your record for 7 years + 6 months from the date of last activity.

EDIT:
The account being sold would not count as "activity". However, this will be on your credit report until sometime in 2010.

Yeesh ... okay, thanks. So while they can't take me to court (I assume?) over it, they can muddle up my credit.

But, now, on my CR, it does say that the date of last activity was 2006 ... the same date they said Experian told them to report. Do you know what that means???

I think my only option is to pay the *&$#@ thing ... I need this off my report and I can't bear the thought of throwing my MIL to the wolves (even if she does sometimes deserve it).

Again, thank you, Zigner!!!

 

[cvdesign]

This is what validating a debt means...Go to the link I gave you and read all about your options there.

Thank you again, Wnbama ... I don't mean to be so dense!! The situation is really driving me crazy!!

I'll fill out the form, asking for validation!!! Thank you again!!!

 

[Zigner]

If you pay it now, it will remain on your record for 7 years + 6 months from the date you pay it. Your choice...

 

[TigerD]

If you pay it now, it will remain on your record for 7 years + 6 months from the date you pay it. Your choice...

No it won't.

The date of first default doesn't change because you pay the debt.

DC

 

[Zigner]

No it won't.

The date of first default doesn't change because you pay the debt.

DC

My apologies - my fingers complained when I typed that - I shoulda taken the hint!