**star** Posted January 18, 2008 Report Share Posted January 18, 2008 I have a CA trying to collect debt on an item I had already deleted from Experian over a year ago. I used a credit repair company and they got the item deleted (still have experian letter of deletion). They haven't put it back on my credit report and don't know if they legally can. They haven't responded since the letter was sent (10/1/07). Little worried because I don't know the law. Link to comment Share on other sites More sharing options...
justincase Posted January 18, 2008 Report Share Posted January 18, 2008 I have a CA trying to collect debt on an item I had already deleted from Experian over a year ago. I used a credit repair company and they got the item deleted (still have experian letter of deletion). They haven't put it back on my credit report and don't know if they legally can. They haven't responded since the letter was sent (10/1/07). Little worried because I don't know the law.Since you're outside of your 30 day window to DV they aren't require to respond. I would send them a C&D letter and that should make them go away. old onto your letters and documentation just in case they try to re-insert. Link to comment Share on other sites More sharing options...
**star** Posted January 20, 2008 Author Report Share Posted January 20, 2008 I'm outside my thirty day window? I sent a DV CMRR and haven't received a reply from them (I don't think I was clear in my original post). The date of delivery on the CMRR is 10/23/07. I haven't received a response from the CA since. Aren't they supposed reply within 30 days or cease collections? I don't understand the type of letter I'm supposed to send that you recommended. Can you tell me what it's supposed to say? Sorry I just don't know what the heck I'm doing and I've read through so many threads trying to find the answers but it's all very confusing. Link to comment Share on other sites More sharing options...
Amerikaner83 Posted January 20, 2008 Report Share Posted January 20, 2008 how did your credit repair company get the delete? WHEN? If I'm understanding this correctly: It was deleted a year ago (probably due to not responding in time to the CRAs request), you got a letter from them back in October, you sent a DV after receiving that letter right? And they haven't responded to your DV? But they're still not showing up on your reports correct? Link to comment Share on other sites More sharing options...
JMVandals Posted January 20, 2008 Report Share Posted January 20, 2008 I understood this DV as untimely. They don't have to respond. Link to comment Share on other sites More sharing options...
Amerikaner83 Posted January 20, 2008 Report Share Posted January 20, 2008 so did I.... if it is untimely then they don't have to respond. indeed, even if it IS timely, they don't have to respond either... Link to comment Share on other sites More sharing options...
kb9tbq Posted January 20, 2008 Report Share Posted January 20, 2008 If they reinsert the credit reporting agency has 5 business days to notify you of reinsertion which I have not seen them do yet so all you would have to do is write back to the credit reporting agency telling them failure to notify you within the 5 business day period of reinsertion and that you want them to remove said item for good. Link to comment Share on other sites More sharing options...
**star** Posted January 21, 2008 Author Report Share Posted January 21, 2008 By the way I don't know how the credit repair agency got it deleted and the letter from EQ stating the deletion is 9/14/2005.So it doesn't matter that I sent the letter CMRR because they only have thirty days the first time collections start, right? Okay so I just have to wait and see what happens. If they do reinsert the item, the CA has to notify me within 5 days before it happens. DO they send that notification CMRR or do they just send it regular mail? If I don't receive a notification they have to delete but what if they make a letter up and just say they did when in fact they didn't?I actually have another CA that did put an item back on and they didn't notify me. Should I put anything else in the letter than what you have written or is that good enough? Do I also send the CRA's a letter at the same time letting them know I never receive a notice adnt they will remove itor do I have to wait for a response from the CA? Just worried they won't respond and it'll drag out. THANKS!!! Link to comment Share on other sites More sharing options...
kb9tbq Posted January 21, 2008 Report Share Posted January 21, 2008 The credit reporting agency is the one that is suppose to notify you of reinsertion not the collection agency. I have never seen the CRA send anything out CMRRR. Be sure to write back to the credit reporting agency to remove the reinserted item because notice had not been given to reinsertion. Link to comment Share on other sites More sharing options...
willingtocope Posted January 21, 2008 Report Share Posted January 21, 2008 You're kind of working around the edges of almost being right and you've got the time frames a little muddled. Let me try to explain.First of all, the fact that some debt fixer got it deleted doesn't mean anything. It may have been removed from your reports on a technicality, but, you probably still owe it and they can and will try to collect it. Just because its not on your reports doesn't mean it went away.Secondly, when a CA first contacts you they are required to tell you that you have 30 days to dispute or they can consider the debt valid and continue to try to collect. If you do dispute within 30 days, they have to stop collecting until they provide you with the proper validation. Again, it doesn't mean the debt goes away. And, they can pretty well take as long as they want to validate as long as they mark your credit reports "in dispute". Link to comment Share on other sites More sharing options...
**star** Posted January 21, 2008 Author Report Share Posted January 21, 2008 Okay I will send the letter to the CRA's regarding the reinsertion without notification. I don't have a lot to do as far as getting my credit report cleaned up but I still need to help. Can you guys take a glance at the dates and see if I can have them deleted for time barred? I don't understand what's considered written contract vs non-written so I can't go through my report and try and get the deletion ball rolling. If there are items I can have deleted because of time barred, do I just write to the CRA's and ask them to delete?Here is what is on my report Jan 2008:1) JJ Mac 3/2002 1/2008 $335.00 now $559.00DLA= 1/2008Del Dates= 1/2008, 1/2008, 12/2007 = 1PP Start Date = 1/2008MEDICAL2)Fin Cr Network 2/2003 - 6/2006 $206 now $206DLA 12/2001Del Dates 1/2002, 1/2002 = IPP Start DT = 12/2007Water service3) American AGC 3/2002 - 12/2007$125 now $204DLA 12/2007DEL DATES = 12/2007, 12/2007 = I9, 11/2007 = I9PP START DATES = 12/2007MEDICAL4) Progressive Mgmt 12/2003 - 1/2008 (REINSERTION)$50 now $65DLA 1/2008Del Dates 1/2008, 1/2008 = I9, 12/2007 = I9PP Start Date = 1/2008Medical5) Trojan Professional 2/2002 - 7/2006$52 now $52DLA 7/2006DEL DATES = 9/2005, 9/2005 = I9, 8/2005 = I9PP START DT = 9/2005MEDICAL6) Valley Creditors 6/2005 - 2/2006$20 now $22DLA 2/2006DEL DATES = 2/2006, 2/2006 = I, 8/2005 = IPP Start DT= 2/2006Phone bill MPOwer7) RJM ACQ LLC (PAID COLLECTION) 5/2007 11/2007$566 Sprint cell phone billMy FICO is 541 through EQ and was told I have to get these items deleted and bring score up to 620 or higher (I can raise the score - not delete though). I was told I could do this in 3-6 months so I am anxious since I pay $2,200 in rent. Throwing money down the toilet! Link to comment Share on other sites More sharing options...
willingtocope Posted January 21, 2008 Report Share Posted January 21, 2008 Again, you're kinda mixing words there, so I'm not real sure what to answer..."Time barred" usually means that the debt is past the "statue of limitations" for your state. Its still collectible...SOL only means that if they take you to court, and you show up and raise the SOL defense, and the judge agrees, they don't get a judgement. BUT...its still collectible.On the other hand, SOL has nothing to do with getting things deleted on your reports. Tradelines stay on your reports for 7-1/2 years from the "date of first delinquency"...when it went delinquent, and was never brought current. Based on that, these will report for a while longer, I think... Link to comment Share on other sites More sharing options...
kb9tbq Posted January 21, 2008 Report Share Posted January 21, 2008 What state are you from? can look up sol for you if you want to figure up how long you have to go before the debt is time barred.I can tell you know that some of them accounts are very new and still within SOL meaning the companies could try to sue you. Seen one account that looks to expire next year off of the credit report. But the rest look to be a ways off like 2012. Link to comment Share on other sites More sharing options...
**star** Posted January 22, 2008 Author Report Share Posted January 22, 2008 Thanks you guys for trying once again to explain it. Time barred means it's past the SOL so they can't sue (can still try to collect) and have to delete from my CR?I am from California and found this about CA (see below). The only problem now is that I don't know what is considered "reduced to writing", "no writing" mean? I have four medical, one utility, and phone bill and don't kow which one they would fall under? Do I write a letter to the CRA's and the CA's and reference "time barred" for the medical since they are written? STATE: CALIFORNIA †INTEREST RATE Legal: 10% Judgment: 10% (Unless otherwise contracted) STATUTE OF LIMITATIONS (IN YEARS) Open Acct.: Reduced to writing-4 Open Acct.: No writing-2 Written Contract: 4 Domestic Judgment: 10 (renewable at 10) Foreign Judgment: 10 (commencing with judgment debtor's commencement of CA. residence.) BAD CHECK LAWS (CIVIL PENALTY) Amount due, treble damages - minimum $100 maximum $1500 per check. GENERAL GARNISHMENT EXEMPTIONS See federal law. Exemptions for necessaties of life. COLLECTION AGENCY BOND & LICENSE No license or bond required. Link to comment Share on other sites More sharing options...
willingtocope Posted January 22, 2008 Report Share Posted January 22, 2008 Time barred means it's past the SOL so they can't sue (can still try to collect) and have to delete from my CR?No. Even it is past SOL, they can still sue...if you show up in court, and raise the SOL defense, and the judge agrees...they shouldn't win.And...SOL does not mean it gets deleted from your CRs. Those time limits are two different things. Link to comment Share on other sites More sharing options...
**star** Posted January 22, 2008 Author Report Share Posted January 22, 2008 OkaySo I am wanting to delete these items from my CR. I am just confused on the next step. The reinsertion I can ask for a deletion because they didn't notify me of the reinsertion and the Paid Collection will probrably remain because I made the mistake of paying it in 07 and now it will remain for another 7 years.What is the best approach to getting the rest of the items deleted? Dispute it with the CRA's and wait for an answer or do I dispute with the CRA's and the CA at the same time? Do I only dispute one at a time meaning wait for an answer from the CRA's on one and then dispute the next item or does it matter? Link to comment Share on other sites More sharing options...
kb9tbq Posted January 22, 2008 Report Share Posted January 22, 2008 You can start out disputing with the credit reporting agency, start out with not mine dispute see if you can get them deleted. If it gets verified then you can send a debt validation request to the collection agency and re-dispute with the credit reporting agency, looking for errors in the reporting. Could be anything dates, balances, status... Link to comment Share on other sites More sharing options...
**star** Posted January 23, 2008 Author Report Share Posted January 23, 2008 Thanks again.Okay I'll send the letters to the CRA's. DO I send one at a time and wait for a response or can I send a letter for each item all at once? I just don't know if I dispute all of them at once (different letters) that it might raise doubt or seem frivilous. Link to comment Share on other sites More sharing options...
kb9tbq Posted January 23, 2008 Report Share Posted January 23, 2008 I would not dispute more then 5 items in one letters keep them down, so there is not too many disputes at once. Link to comment Share on other sites More sharing options...
willingtocope Posted January 23, 2008 Report Share Posted January 23, 2008 The rule of thumb with disputes to the CRAs is...if it something you might wind up in court over (like SOL) send it in a separate letter (CMRRR). If you do have to go to court, no since dragging in more evidence than fits the trial.(And, don't worry about too many letters arriving at the CRAs all at once...they've got hundreds of bodies putting those into the computer). Link to comment Share on other sites More sharing options...
**star** Posted January 24, 2008 Author Report Share Posted January 24, 2008 Thanks guys wish me luck!!!You guys are awesome!! Link to comment Share on other sites More sharing options...
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