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techgoddess

The law in Cali.

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Yup! As far as I know, this is only applicable in Cali (therefore it applies to you, too :) ) Here in Cali, it's illegal to even try to collect a debt that's time-barred and according to the FCRA, if a CA isn't allowed to collect it, they can't report it. Get it?

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<blockquote>Originally posted by techgoddess

Yup! As far as I know, this is only applicable in Cali (therefore it applies to you, too :) ) Here in Cali, it's illegal to even try to collect a debt that's time-barred and according to the FCRA, if a CA isn't allowed to collect it, they can't report it. Get it?

</blockquote>

Hmmm, that is very interesting and so very helpful all at the same time!! Wow, you have no idea how much in favor that helps me. Hope you don't mind if I borrow your letters...LOL. Ok, now is it the same for OC. I did notice that it applies to OCs as well....please say yes...LOL

:p

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Actually, in Cali, OCs are considered debt collectors and are subject to all the same laws as CAs. Somewhere way back in this thread, Cookie put a link to the Cali. Dept of consumer affairs legal guide. Go check it out. (It was very enlightening!)

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<blockquote>Originally posted by techgoddess

Yup! As far as I know, this is only applicable in Cali (therefore it applies to you, too :) ) Here in Cali, it's illegal to even try to collect a debt that's time-barred and according to the FCRA, if a CA isn't allowed to collect it, they can't report it. Get it?

</blockquote>

Hey, Tech goodess, I THINK they are allowed to report for 7 yrs from the time the debit went into charge off, they are not allowed to take you court after 4 yrs. ... If I remember correctly

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The OC can report the chargeoff for 7 years, sure. They just can't report a balance if it's too old to be enforceable. We all should remember that if a CA isn't legally allowed to collect a debt, they're not allowed to report it (this is the arguement we use if the CA isn't licensed, etc.)

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<blockquote>Originally posted by techgoddess

The OC can report the chargeoff for 7 years, sure. They just can't report a balance if it's too old to be enforceable. We all should remember that if a CA isn't legally allowed to collect a debt, they're not allowed to report it (this is the arguement we use if the CA isn't licensed, etc.)

</blockquote>

Um, so if you were charged off for let's say $1000.00, after 4 yrs it should show $0.00. ????? :? :? :?

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I'm not sure about the details of how exactly the OC is supposed to report but I had one OC that changed the balance to zero when I disputed and another that deleted (SOL was up on both of them.) But from what I read in the Cali. legal guide, yeah. They can't report that you owe a debt if it's "too old to be enforced". It specifically states debt collectors but it also says that OCs are considered debt collectors, too.

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<blockquote>Originally posted by techgoddess

I'm not sure about the details of how exactly the OC is supposed to report but I had one OC that changed the balance to zero when I disputed and another that deleted (SOL was up on both of them.) But from what I read in the Cali. legal guide, yeah. They can't report that you owe a debt if it's "too old to be enforced". It specifically states debt collectors but it also says that OCs are considered debt collectors, too.

</blockquote>

I think your right about the balance, on charge off's it has to be zero ....?? I'm not sure though !@#$ !@#$ :D

Bra$$fan knows.

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<blockquote>Originally posted by techgoddess

The OC can report the chargeoff for 7 years, sure. They just can't report a balance if it's too old to be enforceable. We all should remember that if a CA isn't legally allowed to collect a debt, they're not allowed to report it (this is the arguement we use if the CA isn't licensed, etc.)

</blockquote>

Ok, yes I read about he OC being considered a debt collector. So what we have established is that the OC can report the chargeoff for 7 years, but not the CA, because really there would be no debt to report.

I hope I'm reading all of this correctly. I thought CAs didn't have to be licensed to collect in Cali, so then I guess we would have to find a different arguement to use correct?? Sorry, just want to make sure I'm reading it correctly and that I understand it before I go firing off letters to the OC and CAs. But here is the question. If the OC is considered a debt collector, why should they be able to report the charge off if techniquely (sp?), they can't collect on the debt either? Ya know???

:?

Andi

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I'm trying to find where it says that a CA isn't allowed to report a debt they're not allowed to collect. (I know it's there, it's been quoted to me before.)

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<blockquote>Originally posted by techgoddess

I'm trying to find where it says that a CA isn't allowed to report a debt they're not allowed to collect. (I know it's there, it's been quoted to me before.)

</blockquote>

Ok, well if you find it will you please post it or the link? Hopefully maybe you'll run accross the same thing for the OC, as they are considered a debt collector.

Andi

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<blockquote>Originally posted by techgoddess

The OC can report the chargeoff for 7 years, sure. They just can't report a balance if it's too old to be enforceable. We all should remember that if a CA isn't legally allowed to collect a debt, they're not allowed to report it (this is the arguement we use if the CA isn't licensed, etc.)

</blockquote>

<blockquote>Originally posted by Niner849

Ok, yes I read about he OC being considered a debt collector. So what we have established is that the OC can report the chargeoff for 7 years, but not the CA, because really there would be no debt to report.

I hope I'm reading all of this correctly. I thought CAs didn't have to be licensed to collect in Cali, so then I guess we would have to find a different arguement to use correct?? Sorry, just want to make sure I'm reading it correctly and that I understand it before I go firing off letters to the OC and CAs. But here is the question. If the OC is considered a debt collector, why should they be able to report the charge off if techniquely (sp?), they can't collect on the debt either? Ya know???

:?

Andi

</blockquote>

They the OC is allowed to report a debt for 7 yrs, even though they can't collect becuase you entered a "CONSUMER BASED CONTRACTUAL OBLIGATION" and defaulted on it. .... so it is correct information!!!

See the PHILBIN letter on the FTC opinion letters.

I think that's why you might want of offer a partial lump sum to the OC and have it marked as paid as agreed, because they will never be able to get any money on it after 4 yrs!!!

So if you the bill is over 4 yrs old you are in a strong bargaining position. .... I think :? :? :?

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I think I found it! It's in the FDCPA. Here you go:

§ 807. False or misleading representations [15 USC 1962e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

...

(2) The false representation of --

(A) the character, amount, or legal status of any debt; or...

Someone correct me if I'm wrong but if a CA is reporting a debt to your credit report and it's illegal for them to collect the debt, that's a misrepresentation of the legal status of the debt.

Here's where it says that in Cali, OCs are CAs (from the Cali. dept of Consumer Affairs legal guide):

"The California statute applies to the debt collection activity of both original creditors and debt collection agencies that regularly collect debts."

Here's where it says that in Cali, CAs aren't allowed to attempt to collect a time-barred debt:

"It is a violation to attempt to collect a claim that is too old to be enforceable."

Please feel free to correct me if I've gone insane and don't what I'm talking about.

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<blockquote>Originally posted by techgoddess

I'm trying to find where it says that a CA isn't allowed to report a debt they're not allowed to collect. (I know it's there, it's been quoted to me before.)

</blockquote>

<blockquote>Originally posted by Niner849

Ok, well if you find it will you please post it or the link? Hopefully maybe you'll run accross the same thing for the OC, as they are considered a debt collector.

Andi

</blockquote>

According to the FDCPA, you are not allowed to report incorrect information, you would be misrepresenting a debt:

... and ... as a formality ... aka, for the record:

§ 807. False or misleading representations [15 USC 1962e]

(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

So by them putting incorrect information on your CR, it is a form of communicating with a person.... #8 has gone over my head many times. When I get on GOOGLE and read articles on FDCPA VIOLATIONS #8 has been interpeted so many ways. ... you can get very creative with it!!!!! ... communication comes in many forms, electronic, paper, verbal, ..... etc. (not trying to be a wise guy, just warning you, some of the articles get very confusing if you don't keep this in mind).

... for the record note that it is also where they point out that a DEBT COLLECT has to report that a debt is in dispute. .... I guess if somebody calls the "DEBT COLLECTOR" on the phone they have to mention you're disputing it. ....hmmmm that could be interesting huh, ????,

It think that's how it works ????? :D :D :D

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I think we need to get some experts in on this. (My brain is starting to melt!) If Cookie, Swede, Calawyer or Admin could clear this up, that would be super.

Here's our specific questions:

What part of the FDCPA or FCRA pertains to CAs reporting a debt they're not legally allowed to collect?

In Cali, if a debt is too old to collect, but still within the reporting period, how should the OC be reporting it?

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<blockquote>Originally posted by techgoddess

I think we need to get some experts in on this. (My brain is starting to melt!) If Cookie, Swede, Calawyer or Admin could clear this up, that would be super.

Here's our specific questions:

What part of the FDCPA or FCRA pertains to CAs reporting a debt they're not legally allowed to collect?

In Cali, if a debt is too old to collect, but still within the reporting period, how should the OC be reporting it?

</blockquote>

I think you summed up our questions pretty good tech. It really would be interesting to see what the experts have to say on this. I have to leave at work in a half-hour, but my butt will be glued to this thread when I get home tonight. Hopefully, we will get our questions answerd.

---------->Hangs sign on door for Swede, Admin, or Calawyer.

Andi

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Hey Techgoddes

So after 4 yrs, NO CA can report information on your credit report because that is a form of collecting... as long as you haven't made a payment to the CA in the last 7 yrs.

..Go read the CA$$ letter !!!!

.... If that's true, I'm never paying a CA a dime, ... only OC'S

[Edit by ADSOFT on [TIME]1056489612[/TIME]]

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Actually, way earlier in this thread, Cookie explained that paying the CA doesn't reset the SOL. So pay the CA all you want and at the end of the 4 years, they can kiss your butt.

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<blockquote>Originally posted by techgoddess

Actually, way earlier in this thread, Cookie explained that paying the CA doesn't reset the SOL. So pay the CA all you want and at the end of the 4 years, they can kiss your butt.

</blockquote>

Please don't hate me here!!!

With the OC it doesn't , but depending on what type of contract you made with the CA you might extend that 7 yrs from the last payment, but .... if I'm right ... if you can prove that they misrepresented the debt, then they have to take it off your report (they the CA).

.... I know it's a big circle. ~_~ ~_~ ~_~ ;)

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I think the only way to reset the SOL by paying the CA is to agree to new payment arrangements in writing.

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<blockquote>Originally posted by techgoddess

I think the only way to reset the SOL by paying the CA is to agree to new payment arrangements in writing.

</blockquote>

You are right, and you can break any agreement that you made with them( the CA) if you can prove that they misrepresented the debt, .... that would be fraud, therefore they would have to void any agreement that they made and take what every they put on your credit report off!!!! :)

I'm pretty sure on that one .... I've been waiting for Calawyer to give me an answer on that one, go see my question!

BTW, I hope we didn't bore NINER849 .... I sure she's on top of all this :) :) :)

http://d4003921.u51.infinology.com/cgi-bin/cutecast/cutecast.pl?session=PqHdoMLg0L3uR835FHBNj6vNVa&forum=15&thread=9226

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After reading this entire thread, I am left with one question. If we conclude that if an OC or CA reports a balance on a "time barred" collection it could be considered a violation, can we support this position with any case law or opinion letters?

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