lapoolboy

HSBC/Orchard charge-off and now National Credit Adjusters....HELP!

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Hello everyone,

Long time, no post!

I had an Orchard Bank credit card (shows up as HSBC on my reports) opened 10/2002. It was charged-off in 6/2003. They really didn't try much to collect before they charged-off!!! Only 8 months!

Anyway, it got passed around to a couple CA's and JDB's and everything fell off my reports except for the OC- HSBC and the latest JDB - National Credit Adjusters.

I've left well enough alone all this time because I haven't heard from anyone for a LONG time until today. Some idiot from NCA calls me at work! I tell her that this was taken care of long ago and not to call me at work ever again. I said goodbye and hung up while she was spouting off something else. According to my reports, they were assigned the account in 4/2006. They are reporting DOLA as 5/2003.

If I'm correct, the SOL for open-ended accounts in Louisiana is 3 years. By the looks of it, I'm WAY past that. I figure the SOL ran out in 5/2006. How do I get rid of these idiots? Send an intent to sue letter if they don't remove themselves from my reports immediately or just wait and see if they do anything else and let them fall off my reports when they hit the 7 year mark? The amount NCA is claiming is $1,400. Of course, this is grossly inflated. The largest past balance shown by the OC was $854.

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While not all that important to you questions, the amount owed may well be correct….as I’m sure you know, late fees and over-limit fees and interest and the rest add up very quickly and many states allow interest to continue to accumulate even after a debt has been written off and/or sold – that’s the trip you signed up for when you opened the card!

I would never send a ITS letter; especially as a first communication and especially never unless I truly intend to and would sue…in any case, there is no need to use a nuclear weapon when a single shot from a 45ACP will do the trick!

Provided you can show the correct DOFD, you should be able to get any tradelines regarding the account removed from your reports as this appears to be well past the allowable reporting for either the original or current creditor/CA.

As I would suspect you know, the SOL has zero bearing, at least in all but two states, on the ability of a creditor and/or the creditor’s collection agent from attempting to collect the debt…they can continue to try and call/write you ‘till the cows come home (unless, of course, you exercise your rights under the FDCPA). In other words, you can probably get rid of this current JDB/CA but you may well have to continue to deal with this for quite a while.

That said, I would dispute the tradelines with the bureaus based on the allowable reporting being passed…I would concurrently start the Dispute/Validation process with the CA as already suggested.

An option to going through the DV process would be to go right to a cease communication order (C&D) but I’m not sure I’d do that before you get the tradelines taken care of.

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