     Michelle Nielson (Michelle) | Thursday, May 04, 2000 - 01:46 pm 
I got a letter from a creditor today. The LDA on the account is early 1995. The SOL is past. The letters first ask why I didn't pay the debt as I agreed upon. (I have never agreed to pay this, in fact, I haven't talked with them for over 6 months) The letter than says if I pay it off in the next 10 days they will report it to all three credit bureaus as paid. The letter makes it sound like a really good deal. Do people honestly think a paid collection is good? Do they think I would honestly believe I only have 10 days to pay to get this great deal? The whole debt (interest and fees) is only $2500.
It's funny reading this letter because I have very recent copies off all of my reports and they have only reported to one bureau . I contacted them 6 months ago and offered to pay 100% of the balance (including fees and interest) if they would delete it from the bureau. They refused. They called back and offered me a 75% settlement and a paid at the credit bureau. Because the SOL is past, I figured I had the upper hand. I sent a C & D with instructions that they were to call me only if we could reach an agreement with total deletion when they refused my offer 6 months ago.
They must really think I am dumb. |
| Christine Baker (Admin) | Thursday, May 04, 2000 - 04:59 pm
Unbelievable. There are a lot of people who DO believe that a "paid" notation will improve their credit rating. It is a reasonable, logical assumption. Unfortunately, it is incorrect. |
| John Shimmer (Jshimmer) | Friday, May 05, 2000 - 02:43 am
I recently got a letter from a collection agency for an old debt - 8 years since LDA. It was for Hudsons for $136.00. I couldn't believe they had the audacity to send something that stated "... YOU ARE OBLIGATED TO PAY THIS DEBT ..." when, clearly, I was not.
I sent a certified C&D and informed them that they were in violation of the FDCPA (the false statement of my 'obligation to pay') and several other violations. Two weeks later, I received a letter stating that they were closing their books and forwarding all correspondence back to the original creditor (Hudson's). I've never heard a word since.
Oh. And I've had another Hudson's charge card for the past 3.5 years (for conveninece - I closed it 6 months ago).
They must think we're all stupid. |
| Michelle Nielson (Michelle) | Friday, May 05, 2000 - 01:16 pm
I have about 20 collections which are going to fall off my record in less than 18 months. I have been getting letters every day about these. These creditors must have data bases which shows when they are seven years old and promptly start pestering in hopes of renewing the obligation.
Today I got one for a bad check I wrote in 1994. The check was for $20.00. They are demanding that I send them $233.0 for damages, fees and liability. If I don't respond within 48 hours they are threatening to file suit. The SOL expired in 1998. They must think I am going to promptly write them a check. Like the above refereced one, I agreed to pay this one for total deletion and they refused. I really have no reason to pay these debts. Yes, they are mine, but the SOL is long gone and it's going to go away in a year. |
| Kristi Feathers (Kfeath) | Saturday, May 06, 2000 - 07:17 am
Michelle:
Check to make sure the SOL is expired in their state as well. The creditor can choose your state or theirs.
Kristi
CarreonandAssociates.com |
| Michelle Nielson (Michelle) | Saturday, May 06, 2000 - 07:52 am
Does it matter where the check was wrote? Can the collection agency make it their state although the check was not made out in their state nor to them? Also, I get addresses from different states on the same debt, can they change the SOL to any office location? |
| Kristi Feathers (Kfeath) | Saturday, May 06, 2000 - 10:41 am
I believe it is where the contract was entered into, creditors location or consumers location. I don't believe it applies to each collection agency that purchases it,only the original creditors location.
Luckily, many creditors and collection agencies don't even know this. |
| michelle l belanger (Mlyn) | Sunday, May 07, 2000 - 05:46 am
One other issue to take into account with the returned check would be to determine the criminal SOL for the jurisdiction where the check is written. I have seen Texas counties wait what seemed an inordinate amount of time before the county or district atty pursued charges available under the Code (and sanctions are based upon the statute in effect at the time of the check, not the current, more lenient theft by check provisions). Just a thought... |
| Michelle Nielson (Michelle) | Sunday, May 07, 2000 - 07:27 am
I have likewise considered that. From what I understand, in my state, they only have 12 months from the date on the check.
I wish I could get these collection agencies to understand that I will pay them in full for total deletion. But it appears they would rather not get paid at all and leave it on my report for another year. One collection agency tried to change the date of last activity form 1994 to 1999. I sent sopies of their original letters to the bureaus and they completely removed them. |
| Kristi Feathers (Kfeath) | Sunday, May 07, 2000 - 12:00 pm
Yes, your correct. The bad check statute is definately up. |
