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First contact with credit agency over credit card bill in PA


RyanC1009
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First off, what a great tool for the average person to stumble onto. Here is what I am dealing with. Got a call from Zenith collection agency stating that they wanted to make me an offer to settle on an old Capital One account. Total balance due is 3331.79, offering settlement of 40%, blah..blah. I have a little knowledge, which actually might hurt me, of how these things work. First off I asked them when was the last time I paid on this account, they said Oct 2001. Then I asked them what took so long for them to contact me? They said they just acquired the account. Now, I have been "fiddling" around with my credit report for a couple of years and have read some things into it. SOL in PA is 4 years, I think. I remember seeing this account on my credit report, and it finally dropped off. This account is not even on my credit report, I just happened to have a credit report from April 1, 2009, in front of me why I was talking to them. They wanted me to fax them a copy of my credit report! They of course wanted a payment right up front, even 20 dollars to show good faith. I said no. I said I would pay 400, to settle everything. They said they would take 400 now and then payments, blah..blah. I asked them to send me a letter, stating that I said I would pay 400 to take care of the debt, they said they would not put that on a letter and mail it to me, only fax to me. I don't have a fax. They said they would email it to me. I said no. My question is what should I do about this debt? I can't even find the original on my credit report anymore. Can this collection agency file on my credit report now? My credit has gotten alot better since then, I am trying to keep it that way. I am sick right now, wondering what to do. Thank you in advance for any help, by the way I have there email address is any of you are interested.

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First off, what a great tool for the average person to stumble onto. Here is what I am dealing with. Got a call from Zenith collection agency stating that they wanted to make me an offer to settle on an old Capital One account. Total balance due is 3331.79, offering settlement of 40%, blah..blah. I have a little knowledge, which actually might hurt me, of how these things work. First off I asked them when was the last time I paid on this account, they said Oct 2001. Then I asked them what took so long for them to contact me? They said they just acquired the account. Now, I have been "fiddling" around with my credit report for a couple of years and have read some things into it. SOL in PA is 4 years, I think. I remember seeing this account on my credit report, and it finally dropped off. This account is not even on my credit report, I just happened to have a credit report from April 1, 2009, in front of me why I was talking to them. They wanted me to fax them a copy of my credit report! They of course wanted a payment right up front, even 20 dollars to show good faith. I said no. I said I would pay 400, to settle everything. They said they would take 400 now and then payments, blah..blah. I asked them to send me a letter, stating that I said I would pay 400 to take care of the debt, they said they would not put that on a letter and mail it to me, only fax to me. I don't have a fax. They said they would email it to me. I said no. My question is what should I do about this debt? I can't even find the original on my credit report anymore. Can this collection agency file on my credit report now? My credit has gotten alot better since then, I am trying to keep it that way. I am sick right now, wondering what to do. Thank you in advance for any help, by the way I have there email address is any of you are interested.

They are past the SOL in Pennsylvania. As you say it's 4 years. They can try to collect this forever, but if they sue you have the affirmative defense that it's out of statute. They should not put a collection account on your credit reports because the debt is beyond the reporting statute and that would be a violation of FCRA. They might try to do it by re-aging. In which case I would complain to the PA Attorney General and the AG in whatever state they're from and the BBB. If they pull any shady stuff you might want to see if they below to ACA International (the debt collectors professional group). The ACA is supposed to be doing some self policing, so reporting their behavior to ACA might get action.

I'm of the opinion that you report the bad behavior to whomever it can be reported (in case you didn't notice). I did have some luck with reporting debt collectors and the credit reporting agencies themselves to the various state AGs and to the BBB.

You may want to consider sending a FOAD (f**k off and die) letter to them. I, personally, would not pay them a cent. You can't trust debt collectors to not turn around and post a newly paid collection as a paid collection on your credit reports. New paid collections tank your score as badly as a new unpaid collection.

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They are past the SOL in Pennsylvania. As you say it's 4 years. They can try to collect this forever, but if they sue you have the affirmative defense that it's out of statute. They should not put a collection account on your credit reports because the debt is beyond the reporting statute and that would be a violation of FCRA. They might try to do it by re-aging. In which case I would complain to the PA Attorney General and the AG in whatever state they're from and the BBB. If they pull any shady stuff you might want to see if they below to ACA International (the debt collectors professional group). The ACA is supposed to be doing some self policing, so reporting their behavior to ACA might get action.

I'm of the opinion that you report the bad behavior to whomever it can be reported (in case you didn't notice). I did have some luck with reporting debt collectors and the credit reporting agencies themselves to the various state AGs and to the BBB.

You may want to consider sending a FOAD (f**k off and die) letter to them. I, personally, would not pay them a cent. You can't trust debt collectors to not turn around and post a newly paid collection as a paid collection on your credit reports. New paid collections tank your score as badly as a new unpaid collection.

Dealing with a CA that proudly displays their affiliation/membership to the ACA Int'l. 've been reading through ACA information but didn't know they could police their members. Thank you. I'll look into that area.

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  • 2 weeks later...

First off, thanks for all the information that I been given so far, it has helped alot. Now, I have another problem. The collection company sent me the original letter that you get from them, stating all the information, and if you want to dispute this account you have 30 days, otherwise we will assume it a valid debt. Well, I sent it back stating that I was disputing it. Since the original debt fell off my credit report, this company now says that since I sent the form back in, they can list it as a disputed item? Can they do that? I am totally at a loss, right now. Thanks for any of the help.

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It's beyond the SOL and beyond the reporting period. They can't do anything to hurt you except try to get you to make a mistake and/or pay them, and if they try to sue you have an affirmative defense in that legal action is time-barred. Send them a full cease and desist communication letter and be done with it.

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Which is why they so badly wanted a little 20.00 good faith payment..:lol:

like someone said, send them a letter to stop contact (cease and desist), that the debt is beyond SOL and reporting period. They will leave you alone after that.

Glad you didn't give in!

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  • 2 weeks later...
First off, what a great tool for the average person to stumble onto. Here is what I am dealing with. Got a call from Zenith collection agency stating that they wanted to make me an offer to settle on an old Capital One account. Total balance due is 3331.79, offering settlement of 40%, blah..blah. I have a little knowledge, which actually might hurt me, of how these things work. First off I asked them when was the last time I paid on this account, they said Oct 2001. Then I asked them what took so long for them to contact me? They said they just acquired the account. Now, I have been "fiddling" around with my credit report for a couple of years and have read some things into it. SOL in PA is 4 years, I think. I remember seeing this account on my credit report, and it finally dropped off. This account is not even on my credit report, I just happened to have a credit report from April 1, 2009, in front of me why I was talking to them. They wanted me to fax them a copy of my credit report! They of course wanted a payment right up front, even 20 dollars to show good faith. I said no. I said I would pay 400, to settle everything. They said they would take 400 now and then payments, blah..blah. I asked them to send me a letter, stating that I said I would pay 400 to take care of the debt, they said they would not put that on a letter and mail it to me, only fax to me. I don't have a fax. They said they would email it to me. I said no. My question is what should I do about this debt? I can't even find the original on my credit report anymore. Can this collection agency file on my credit report now? My credit has gotten alot better since then, I am trying to keep it that way. I am sick right now, wondering what to do. Thank you in advance for any help, by the way I have there email address is any of you are interested.

Why are you even talking to this agency. In my opinion, you are playing with fire here. The debt is pass the SOL , the TL is past the 7 yr reporting period and has dropped off your CR . You are indeed trying to help them re-age this debt and restart the 4yr SOL all over again .. why are you even discussing any sort of settlement .. even if they agree to all your requests and send a signed letter acknowledging the pay for deletion arrangement.

Simple solution.. don't ever talk or discuss anything with them .. send them a strong worded cease and desist letter... worst case scenario .. they sue you ( oh yea they cant succesfully sue you the debt is past SOL) .. they re add it to your CR ( well they cant .. 7 yr reporting period is over) .. bottom line.. they cant do anything to you or your record. Let sleeping dog lie.

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First off, thanks for all the information that I been given so far, it has helped alot. Now, I have another problem. The collection company sent me the original letter that you get from them, stating all the information, and if you want to dispute this account you have 30 days, otherwise we will assume it a valid debt. Well, I sent it back stating that I was disputing it. Since the original debt fell off my credit report, this company now says that since I sent the form back in, they can list it as a disputed item? Can they do that? I am totally at a loss, right now. Thanks for any of the help.

No, they can't it is past the reporting time. Tell them if they do they have violated the FCRA.

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I just have to add my 2 cents if that's ok. Yes it's past sol in PA, I am in PA myself, and yes they can't report it to the credit reports. But in his/her initial phone conversation with this collection company they already agreed that it was their debt. Isn't the VOD asking for the collection company to provide strict proof that they have the correct individual? So since they asked the collection company "what took them so long" that is admitting the fact they have an outstanding debt out there.

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I just have to add my 2 cents if that's ok. Yes it's past sol in PA, I am in PA myself, and yes they can't report it to the credit reports. But in his/her initial phone conversation with this collection company they already agreed that it was their debt. Isn't the VOD asking for the collection company to provide strict proof that they have the correct individual? So since they asked the collection company "what took them so long" that is admitting the fact they have an outstanding debt out there.

And any of this matters why?

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