legend88 Posted January 7, 2005 Report Share Posted January 7, 2005 I recorded the conversation. "You are liable for over 5k. Either pay the debt or the record will remain on your report for another 5 years. Because you refuse to cooperate no offers will be granted and we refuse to contact you in the future". I said "I don't owe this debt" They advised, "We don't care!". The CA does not own the debt; the OC advises I need to speak with the CA (since collection fees have mounted). The CA validated the amount of the debt by sending in bogus detailed paperwork from the OC. Since neither will speak with me, do I sue, and on what grounds? The TL will be on my report for another 5 yrs if I do nothing, and it does not appear they plan to sue anytime soon. I want to get this off my report ASAP. The truth is I owe the OC about $200, but somehow it got inflated to $5,000.Tks! Link to comment Share on other sites More sharing options...
LadynRed Posted January 7, 2005 Report Share Posted January 7, 2005 When did the debt go continuously delinquent with the OC ?? THAT is what determines the reporting period with the bureaus, not what some scumbag CA says or does. If you defaulted 2 years ago, you have 5 more to go REGARDLESS of what you do or do not pay ! Bad debts stay on your credit for 7-1/2 years from the 1st delinquency date that precedes collection and/or charge-off. If you pay a charge-off or collection, to a CA, that won't change how the OC reports, and the CA is likely to just report it as a paid collection or paid charge-off - both bad for your credit. Unless you negotiate a pay for delete with the CA to get their tradeline off, you're not doing yourself any favors. Link to comment Share on other sites More sharing options...
legend88 Posted January 9, 2005 Author Report Share Posted January 9, 2005 Tks for your reply, but I am aware of everything you said, even though I have not posted here before. I am fairly familiar with the credit basics, it's just this one is fuzzy and I feel not usual. I do not trust anything a CA advises, but the last payment was 2 yrs ago, leaving 5 yrs left. As I stated, the CA and OC will not speak with me, and that is my dilemma. AS it stands, the CA, not the OC is reporting the alleged debt to the CRAs.How can I negotiate a pay for delete if the CA refuses to speak with me and the OC forwards me to the CA? That's the bind here, not the consequences of doing nothing, as I am up with that. tks. Link to comment Share on other sites More sharing options...
willingtocope Posted January 9, 2005 Report Share Posted January 9, 2005 I assume by saying "they won't speak to me", you mean they won't talk with you on the telephone. Good. Never talk with a CA. Do all your correspondance in writing...you'll need the paper trail.At this point, I'd suggest you send the CA a letter, CMRRR, saying "you have not as yet validated this debt...either send me proof that this is my debt (signed contract), you have the right to collect it (i.e., licensed, etc), and how you arrived at the amount you say I owe...or remove it from my credit report". Give them 15 days to reply, or tell them you will sue for violations of the FDCPA. You may also mention you have recorded conversations with them wherein they committed violations of the FDCPA (assuming you're in a right to record state) and will be glad to present these in court. Link to comment Share on other sites More sharing options...
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