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Hi all. Question about credit reporting.

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S

shadow01

Guest
What is the name of your state? PA.

A while back I had posted about a small department store trying to get money out of me for a debt that's SOL clock has almost run. I keep getting settlement offers and just toss them aside.

I pulled a copy of my report and compared it to a copy I had from 2 years ago. The one that was pulled in 2001 has a charge off date of 11/99. The one I pulled this month has a charge off date of 7/00.

Is it possible that there would be 2 different dates? I'm confused on what the actual charge off date is here. Did someone illegally reage the thing? The report dated from 2001 is still new enough that even if there was a charge off date in July 2000 that it would show on the report as such, right?

I actually talked to the scum today on the phone. I called to make sure I had the correct address of where to send my validation letter. We got into a battle and I made the guy so mad that he hung up on me. LOL.

And one more thing. I am going to try to clean up my report a bit. I have some medical bills that these collection agencies have yet to validate for me. They have no proof. But if I were to choose to settle with the scumbag collector of the store credit card, is there a way that I could negotiate having that derogatory pulled from my reports as part of the deal?

Thanks so much for the information provided on this site. It has been helpful in the battle against some of these collectors.
 


unfortunately

I am no expert on these things, but I think that once an item goes to collection, if you pay it, it will then just show as a paid collection item.

There would be no way of actually having it removed from your credit report unless put there in error.
 

bigun

Senior Member
Yep, it sure did get reaged and that is illegal. Demand validation and, demand a complete accounting.
Everything is negoitable. Plenty at creditnet and creditboards have managed a pay for deletion.
 
S

shadow01

Guest
Thank you Drew and bigun

I didn't think that I might be able to work out a deal to get the derog removed but thought it might be worth a shot.

Bigun, I do think they reaged as well and I made sure that I told the idiot collector that. I told him that I would be pulling my report and I better not find out it was re-aged. I told him a lot. I told him that I was aware of my rights and that the SOL clock has run. I told him the law regarding threatening with a lawsuit and not actually enforcing it. He told me I didn't know what I was talking about. LOL! We went round and round for 15 minutes so he gave up and hung up. I think its funny actually. When I called for their address, I think my phone number went into their system somehow because now they are calling me. He told me that this would be on my credit report forever, as it keeps getting sold from collection agency to collection agency. Ha. I just gotta laugh. But I will be watching my reports.

Thank you.
 
J

JWParkerEsq

Guest
Not Likely

I'm not sure why you insist on calling the person who is calling you a "Scumbag" he or she is simply doing their job, even if it does annoy you. I am sure thier boss is expecting them to do his or her job just as well as yours does. Don't blaim others because of your failure to paay your bills.

However, I digress. As for getting them to remove the derogitory remarks from your report by simply paying them off. This is not likely. As for them still coming after you only 2-3 years later from chargeoff, this is irrelivant. The original creditor has the right to sell your debt to a 3rd party and they have 7 years to collect that debt since it's original charge-off period. As for your date discrenpencies. Are they both the same Credit Bureau? You can always write to the Credit bureau and dispute the findings and the lender has 30 days to show proof of debt. If they do not do so, then the credit bureau will be forced to remove the inaccurate infomation under Federal Law.

J.W. Parker Esq.
 

Ladynred

Senior Member
JWP ESQ said:

"a 3rd party and they have 7 years to collect that debt since it's original charge-off period"

This is completely incorrect - sorry guy. They can try to collect until hell freezes over !! The 7 years is for REPORTING ONLY.
However, once the State SOL for being sued runs out, they are toothless and ineffective, and that DOES matter. Once the SOL runs out, you can send them a complete cease and desist and tell 'em to take a long walk off a short pier.

I also have to disagree.. paying with negotiation for deletion of a CA's tradeline DOES work and many, many people successfully do so every day !!
 
S

shadow01

Guest
Thank you LIR.

And that is interesting about removing a bad mark. I may have to consider that if I choose to pay them even though it is passed the SOL. Either that or it will be on my CR for 3 more years, which really isn't that long. My daughters are 10 and 8 already and I don't know where that time flew to.
 
J

JWParkerEsq

Guest
Right and Wrong

You're are both Right and Very Wrong.
Let me explain the Statue of Limitations for the state of PA.

The legal meaning for statute of limitations is: THE TIME OF COMMENCING ACTIONS-Time allowed that litigation-lawsuit can be brought.

After that time, it has expired. Statute is a law. Passed by legislation and varies by state. The original statute of limitations begins at the onset of the contract signing Statute of limitations vary from state to state but PA is between 4-5 years depending on your type of debt The term statute of limitations means the time allotted to legally enforce the debt. If a statute expires and someone sues you, It is up to you to bring the expired SOL defense to the other parties attention. If you say nothing or do not bring up the expired statute then the judgment can be entered. Don't assume it means the other party is barred from attempting to collect. It simply means that your defense is the expired SOL not to enforce the lawsuit. If your statute of limitations has expired that means that the debt cannot be enforced by lawsuit, that does not dismiss the debt and the creditor can still leave it on your credit for 7 years (excluding some public records, those can remain for 10 years) but legally you do not have to pay it if the statute has expired.

Good Luck,
J.W. Parker Esq.
 

HomeGuru

Senior Member
Re: Not Likely

JWParkerEsq said:
I'm not sure why you insist on calling the person who is calling you a "Scumbag" he or she is simply doing their job, even if it does annoy you. I am sure thier boss is expecting them to do his or her job just as well as yours does. Don't blaim others because of your failure to paay your bills.

However, I digress. As for getting them to remove the derogitory remarks from your report by simply paying them off. This is not likely. As for them still coming after you only 2-3 years later from chargeoff, this is irrelivant. The original creditor has the right to sell your debt to a 3rd party and they have 7 years to collect that debt since it's original charge-off period. As for your date discrenpencies. Are they both the same Credit Bureau? You can always write to the Credit bureau and dispute the findings and the lender has 30 days to show proof of debt. If they do not do so, then the credit bureau will be forced to remove the inaccurate infomation under Federal Law.

J.W. Parker Esq.
**A: J.W., what does the Esq. mean after your name?
 

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