Duplicate Credit Charges - Legal?

[Doublecredit]

What is the name of your state? NH

I have 2 duplicate amounts on my credit report. 1 from a bank, 1 from a collection agency.
Neither company have been able to validate or verify this debt, no contract signature proof either.
The collection agency tried using the National Arbitration Forum, however that case was dismissed in my favor as the CA could not provide the needed docs (proof).
This was more than 4+ years ago, yet both debts are still on my credit report and due to age off Sept 08.
I have been fighting with the credit bureaus (aka the biggest scam, useless, corrupt organizations known), but they just note my account with my dispute and generically say, "verified debt with creditor". They have done this under 30 days which seems quick, no? I think the bureaus are taking their word without research.

Do I have a case against this bank and/or CA? They have damaged my credit without validation/verification for many years. My concern is that in a couple of Months the CA will sell this unverified debt again and I'll have to start all over again!

Both duplicated debt amounts are past the NH SOL.
I need your suggestions and advise, please note: paying this non-validated debt is NOT an option!

 

[AnotherMoron]

If I remember my credit law the CRAs have 30 days to resolve a dispute from a consumer, so no, getting back to you in under 30 days isn't too fast at all.

Obviously the debt is being verified by the creditor. You say it's a bank. Could you have had an account at a bank that was swallowed up by a larger bank? Accounts are bought and sold all the time. My husband's car loan has changed hands 3 times since he financed his car. I have one credit card that seems to change hands at least twice a year. The CRAs, irritating as they may be to deal with, are pretty good about getting errors removed in my experience. I've disputed errors on my credit report and they were removed very quickly when they were discovered to be, in fact, erroneous.

You are correct that if the debt isn't resolved it'll keep getting sold and you'll have to fight with a new CA periodically.

The SOL has nothing to do with how long a line remains on your report. It's 7 years for bad debt, 10 or more for bankruptcy or judgments.

If I'm mistaken on any of this (entirely possible, I haven't been in the industry in over a decade) I'm sure those more well versed than I will be along to correct my misinformation shortly.

 

[Doublecredit]

Follow-up Question

So the NH SOL only means that the debt is non-collectible, right? Basically bank or CA, too bad so sad... you get nothing.

But the part I don't get is the 7 - 10 year deal, but the potential to resell the bad non-verified debt.

Essentially, on Sept 08 - both these amounts are due to age off my credit report. Done, gone, bye bye...

BUT, if I'm understanding this correctly - even thought the debt is not valid and/or has not been proved valid, another low-life CA can come along, "buy" this erroneous debt and reapply it to my account? Is that correct?

That's not right! That's where the CRA's fail at their responsibility (if I'm understand this correctly)...

Thanks for the reply!!

 

[AnotherMoron]

So the NH SOL only means that the debt is non-collectible, right? Basically bank or CA, too bad so sad... you get nothing.

The SOL is a legal defense against judgment. They can try and collect on this forever if they feel like it.

BUT, if I'm understanding this correctly - even thought the debt is not valid and/or has not been proved valid, another low-life CA can come along, "buy" this erroneous debt and reapply it to my account? Is that correct?

No, they can't reage the debt, that's illegal. They can badger you for the rest of your life and sell it repeatedly, though.

As I mentioned, it's been over a decade since I was involved in the industry, so you may wish to wait for someone who is currently involved for more accurate info.

 

[TigerD]

So the NH SOL only means that the debt is non-collectible, right? Basically bank or CA, too bad so sad... you get nothing.

Wrong. There are collection agencies that specialize in OOS debt.

But the part I don't get is the 7 - 10 year deal, but the potential to resell the bad non-verified debt.

Validation (the correct term) has nothing to do with credit reporting. Actually, the previous poster erred slightly in his times, it is 7 years plus 180 days. and that is for most uses of a credit report report. For insurance and pre-employment checks over a certain threshold the credit report goes back ten years and for any kind of security clearance it is forever.

BUT, if I'm understanding this correctly - even thought the debt is not valid and/or has not been proved valid, another low-life CA can come along, "buy" this erroneous debt and reapply it to my account? Is that correct?

Nothing erroneous about it. The CA doesn't have to prove anything to you. Validation consists of simply the name and address of the OC at the minimum. It is your debt and will most likely be collected on until you pay it or the world ends.

That's not right! That's where the CRA's fail at their responsibility (if I'm understand this correctly)...

You don't

I'd recommend you read a few past threads on this forum. It seems like you are basing your questions on assumptions that wrong or only partially right. Start with the stickied thread on how to get the most out of this forum.

DC

 

[Doublecredit]

What?!

The CA doesn't have to prove anything, other than my name and address? That's complete crap! I should file crap against them too then. If no proof is needed - that is the dumbest thing I've ever heard!!

If this debit isn't valid, can not be verified by a signed contract in my name, then they should have no legal right to post it on my credit report.

It sounds more and more like I have a potential legal case against these guys. I have contacted a lawyer and am waiting to hear back from his office. The debit has aged, is past the SOL, and has never been validated. This is why I say the credit bureaus and the credit system is crap! After 7 or 10 years, this stuff should age and never come back - I think that is the most accurate thing I've heard thus far.

I'll check back on some posts, but I'm not sure if that will be beneficial or not? Your screen name reads: "debtcollector", so it feels like your answers are in favor of the low-life collectors and argumentative at best. I'm thinking past posts will read the same. Some people will say I'm in the clear and others like yourself will say I'm not in the clear. What is the true answer here? I'm thinking the legal avenue I'm looking into will be my only real answer...

But I appreciate the feedback.

 

[Doublecredit]

So...

is it true or not that a debt (once cleared) can be added back on your report?

"No, they can't reage the debt, that's illegal. They can badger you for the rest of your life and sell it repeatedly, though."

These duplicate items will age off as of Sept 08. Even if sold, am I correct in the knowledge that these items can NOT be reposted on my credit file?? I don't care if a CA badgers me the rest of my life - I just want this non-validated debt off of my credit file!