Thunder-Bolt

Need Advice : CA PINNACLE CREDIT SERVICES , LLC out of MN

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I live in NYS and SOL is 5 years.

CA PINNACLE CREDIT SERVICES , LLC out of MN is reporting an old verizon bill on my CR's showing no date for First Delinquency but shows Placed in Collections: Sep 30, 2008 . They are also reporting as a Factoring Company Account.

Plus they are updating my report every month.

First off Verizon is no longer on any of my reports because I believe it was over 5 years ago hence it's removal. I don't remember the first DOD.

Back story : I came to an agreement with verizon at the time due to the excessive data charges at the time . The agreement was they would removed the extra data $ under the agreement if I sign up for an additional 2 year contract. The charges were for 1 month which weren't made by me. Well I went straight to a verizon store and signed up for another 2 years.I had 2 months left on contract.

Then I get the next months bill and charges were still there. Neeedless to say I was pissed and never paid it because the original charges for that one month in question weren't made by me and the fact that verizon didn't hold their end of the bargain for their own agreement.

Well verizon added fees for early termination to my original contract and added on another early termination fee for the new 2 year contract plus the data over charges....boy was I pissed !

The CA has the total now at $901.

How should I go about fighting this to get it removed from my credit reports ?

I'm not paying a dime because I don't owe this money. I have paid CA's before because I did owe the money ...but not this time..I refuse.

Please...I'm applying for a mortgage in the next few months and need to clear this matter up.

I'm not sure on how to fight this and need it removed.

Thanks.

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Unfortunately, there's no guaranteed "quick fix".

I would send a written dispute to the CRAs. My grounds for dispute would be:

1. I don't recognize the alleged debt due to the fact that Verizon is not reporting.

2. If the debt could possibly be valid, it would be outside the 7 year period for reporting.

3. Pinnacle is not reporting a date of first delinquency.

4. Pinnacle is not a factoring company.

The majority of debts purchased by factoring companies are NOT defaulted debts. If the majority of debts purchased by Pinnacle are defaulted (which I suspect they are), Pinnacle cannot be a factoring company.

Check the CRA websites to see if there's any identification requirements on your part. Send the disputes by certified mail. If it comes back verified, immediately send a letter to Pinnacle disputing the debt and request validation. Do not mention your association with Verizon. You don't want to admit to the debt in any way.

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Ahhh Pinnacle - contributors to my Latin American Retirement Palace Fund...send a dispute to the CRAs.

Chances are, another CA will contact you regarding the alleged debt. Dispute and demand validation - they'll send an affidavit about 1 month later.

The affidavit could be construed as legal papers - file FDCPA suit. They'll quickly settle and take it off your CR.

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Two more question ..pleaseee

I just checked and know for a fact that this Verizon CO was over 5 years ago but no more than 6 years. I don't have the exact date but it was over 5 years for the original CO .

Pinnacle shows Placed in Collections: Sep 30, 2008. Pinnacle doesn't have a date listed for DOFD.

1 - Is Pinnacle breaking the rules by re-aging or are they allowed to being it's not a credit card because it's a Verizon wireless account ?

2 - Also...Is the SOL date for New York Sate 5 years ? I just want to be sure

before I attack.

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Two more question ..pleaseee

I just checked and know for a fact that this Verizon CO was over 5 years ago but no more than 6 years. I don't have the exact date but it was over 5 years for the original CO .

Pinnacle shows Placed in Collections: Sep 30, 2008. Pinnacle doesn't have a date listed for DOFD.

1 - Is Pinnacle breaking the rules by re-aging or are they allowed to being it's not a credit card because it's a Verizon wireless account ?

2 - Also...Is the SOL date for New York Sate 5 years ? I just want to be sure

before I attack.

No, they are not breaking the rules. The date it goes into collections has nothing to do with DoFD or when the statutue of limitations expires. nor are they re-aging the debt. They would have to change the D0FD to some point after it was reported by Verizon (barring you have made no payments or arrangements to pay since the DoFD). If they change that date then they are guilty of re-aging. What they are doing now is quite common and perfectly legal.

BTW, just because the SOL in your state expired doesn't mean they can't keep posting it to your credit reports or attempting to collect. The item can stay on your report up to 7 1/2 years from DoFD.. althought typically it falls off in 7 years.

The only way to stop a CA from harrassing you after the SOL has expired is to send them a C&D letter. This however does not mean they can't report to your credit reports up until the 7 1/2 years has expired. It just means they can't call or write you letters anymore (one last contact is permitted to tell you what final action they are taking.. going away, closing the books, suing you etc)

You need to make sure on that DoFD date. I'd call verizon and find out when the account went delinquent before you send a C&D letter.

Also, depending on the DoFD and whether or not you need it gone from your credit reports you may want to consider doing a PFD. If you don't care that it's on there and it's not really damaging your score.. I'd say send em a C&D and tell them to go fly a kite.

In the past I would always tell people for little amounts they won't sue you.. but I was recently sued over $202 for an old medical bill. I settled with the attorney to withdraw the claim and it cost me around $340 but atleast I won't end up with a judgement on my Credit reports which will slam your score. I spent 8 months working on my score to get it back up over 700 I sure don't want it to go back down.

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No, they are not breaking the rules. The date it goes into collections has nothing to do with DoFD or when the statutue of limitations expires. nor are they re-aging the debt. They would have to change the D0FD to some point after it was reported by Verizon (barring you have made no payments or arrangements to pay since the DoFD). If they change that date then they are guilty of re-aging. What they are doing now is quite common and perfectly legal.

BTW, just because the SOL in your state expired doesn't mean they can't keep posting it to your credit reports or attempting to collect. The item can stay on your report up to 7 1/2 years from DoFD.. althought typically it falls off in 7 years.

The only way to stop a CA from harrassing you after the SOL has expired is to send them a C&D letter. This however does not mean they can't report to your credit reports up until the 7 1/2 years has expired. It just means they can't call or write you letters anymore (one last contact is permitted to tell you what final action they are taking.. going away, closing the books, suing you etc)

You need to make sure on that DoFD date. I'd call verizon and find out when the account went delinquent before you send a C&D letter.

Also, depending on the DoFD and whether or not you need it gone from your credit reports you may want to consider doing a PFD. If you don't care that it's on there and it's not really damaging your score.. I'd say send em a C&D and tell them to go fly a kite.

In the past I would always tell people for little amounts they won't sue you.. but I was recently sued over $202 for an old medical bill. I settled with the attorney to withdraw the claim and it cost me around $340 but atleast I won't end up with a judgement on my Credit reports which will slam your score. I spent 8 months working on my score to get it back up over 700 I sure don't want it to go back down.

Thanks for your time..appreciate it.

I have been paying money out over the last 2 years to CA because

I did owe it.

As for this verizon bill I refuse to pay this one. Verizon screwed me and renegged on the plan they laid out for me and threw crazy extra charges on the bill .

So PFD is out.

I do want it off my CR ...I will be applying for a Mortgage within 6 months so I'm in double fix because....

One..I need it removed and Two I'm not PFD.

I'm sorry but could you clear something up for me..You keep saying 7 1/2 years. Is this for every state ?

Or is the SOL totally different than how long they can report to a CRA ?

Verizon isn't even listed on my report just the CA.

PS: If I call verizon for the original DOFD will they reactivate this and list it on my CR again ?

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7 years 180 days is the FEDERAL law that states how long something can remain on your credit reports. It's not a state law. The dofd is what is used to determine that 7 year rule. It doesn't matter what State you live in.

The SOL is completely different than the amount of time they can report on your credit reports. Some states are 3 years on their SOL. There is one or two that have 15 year SOL'S. This doesn't matter in regard to reporting on your credit reports. 7 years 180 is the maximum it can stay on there unless it is a judgement or a BK (I can't remember if tax liens stay 10 years also).

Verizon may not be reporting on your CR anymore.. but the CA who bought that debt is.. and they can legally do so up until that 7 years 180 days from the Dofd with Verizon expires.

You will have a VERY difficult time getting this to go off of your reports without doing a PFD. IF the SOL is expired this is literally the only leverage they have on you and they will try and use it..especially if you getting it removed is what requires you to get a house loan.

You could send them a your SOL letter combined with C&D language and HOPE they go away and or maybe you can dispute it with the CRA's and hope it goes away that way.. Good luck whatever you decide.

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7 years 180 days is the FEDERAL law that states how long something can remain on your credit reports. It's not a state law. The dofd is what is used to determine that 7 year rule. It doesn't matter what State you live in.

The SOL is completely different than the amount of time they can report on your credit reports. Some states are 3 years on their SOL. There is one or two that have 15 year SOL'S. This doesn't matter in regard to reporting on your credit reports. 7 years 180 is the maximum it can stay on there unless it is a judgement or a BK (I can't remember if tax liens stay 10 years also).

Verizon may not be reporting on your CR anymore.. but the CA who bought that debt is.. and they can legally do so up until that 7 years 180 days from the Dofd with Verizon expires.

You will have a VERY difficult time getting this to go off of your reports without doing a PFD. IF the SOL is expired this is literally the only leverage they have on you and they will try and use it..especially if you getting it removed is what requires you to get a house loan.

You could send them a your SOL letter combined with C&D language and HOPE they go away and or maybe you can dispute it with the CRA's and hope it goes away that way.. Good luck whatever you decide.

OK I get it..The SOL means the time they can take you to court but the 7 -180 is how long they can list it on your report.

One last question...If I call verizon for the original DOFD will they reactivate this and list it on my CR again ?

Thanks so much..you been very helpful.

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Thanks for your time..appreciate it.

I have been paying money out over the last 2 years to CA because

I did owe it.

As for this verizon bill I refuse to pay this one. Verizon screwed me and renegged on the plan they laid out for me and threw crazy extra charges on the bill .

So PFD is out.

I do want it off my CR ...I will be applying for a Mortgage within 6 months so I'm in double fix because....

One..I need it removed and Two I'm not PFD.

I'm sorry but could you clear something up for me..You keep saying 7 1/2 years. Is this for every state ?

Or is the SOL totally different than how long they can report to a CRA ?

Verizon isn't even listed on my report just the CA.

PS: If I call verizon for the original DOFD will they reactivate this and list it on my CR again ?

What have you been paying for 2 years to a CA?

The 7.5 years is for every state. The SOL for collections is different from the SOL for reporting. As Hal stated, the date the CA is reporting that the account was opened is simply the date they got the records.

You could contact Verizon, but they may not have records since it's been so long. If you do so, do not admit the debt is your and that you owe it. I believe the statute of limitations for NY is 6 years. If you don't believe it's been that long, I wouldn't contact Verizon.

The CA is supposed to report a date of 1st delinquency. If they can't prove when the account went into default, they shouldn't be reporting. According to the Fair Credit Reporting Act, § 1681s–2(a)(5), anyone who furnishes information to a credit reporting agency must report the same date of 1st delinquency as the OC. If the OC is not reporting, the CA must follow reasonable procedures to try to find out the DOFD.

In disputing with the CRAs, I would throw in that section of the FCRA and state that if Pinnacle cannot provide an accurate DOFD, please delete the entry. Now, the CRAs may delete the entry pending the investigation. That doesn't mean it won't be put back on your CR. The CRAs aren't real particular about the "proof" provided by OCs and CAs.

If Pinnacle can't provide a DOFD and refuses to remove their entry, you could have FDCPA and FCRA violations against them. At that point, I'd see an attorney. A letter from an attorney might convince Pinnacle to delete their entry.

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OK I get it..The SOL means the time they can take you to court but the 7 -180 is how long they can list it on your report.

One last question...If I call verizon for the original DOFD will they reactivate this and list it on my CR again ?

Thanks so much..you been very helpful.

No.. In fact, If I were you I'd strongly consider doing a 623 dispute with them (use the search feature to find out what a 623 is) to find out the exact date and get a history of bill paying. Perhaps they won't be able to provide you with anything. In which case this would give you grounds to reopen the Credit bureaus investigation in the CA that is reporting to your credit reports. You could possibly get it deleted that way if there is no proof that an original debt was ever owed in the first place.

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What have you been paying for 2 years to a CA?

The 7.5 years is for every state. The SOL for collections is different from the SOL for reporting. As Hal stated, the date the CA is reporting that the account was opened is simply the date they got the records.

You could contact Verizon, but they may not have records since it's been so long. If you do so, do not admit the debt is your and that you owe it. I believe the statute of limitations for NY is 6 years. If you don't believe it's been that long, I wouldn't contact Verizon.

The CA is supposed to report a date of 1st delinquency. If they can't prove when the account went into default, they shouldn't be reporting. According to the Fair Credit Reporting Act, § 1681s–2(a)(5), anyone who furnishes information to a credit reporting agency must report the same date of 1st delinquency as the OC. If the OC is not reporting, the CA must follow reasonable procedures to try to find out the DOFD.

In disputing with the CRAs, I would throw in that section of the FCRA and state that if Pinnacle cannot provide an accurate DOFD, please delete the entry. Now, the CRAs may delete the entry pending the investigation. That doesn't mean it won't be put back on your CR. The CRAs aren't real particular about the "proof" provided by OCs and CAs.

If Pinnacle can't provide a DOFD and refuses to remove their entry, you could have FDCPA and FCRA violations against them. At that point, I'd see an attorney. A letter from an attorney might convince Pinnacle to delete their entry.

To tell you the truth I'm not sure of the DOFD but it is over 5 years and very close to 6 by a few months. So I'm not going to call verizon.

I'm afraid to dispute this becasue I know the SOL to be sued 6 years is very close and pretty sure it's not 6 years. I believ I have 2-3 months to go.

If I dispute with the CRA that anyone who furnishes information to a credit reporting agency must report the same date of 1st delinquency then Pinnacle might come up with the DOFD which will fall right under the 6 year mark.Then I could be taken to court.

Being the SOL is so close to 6 years but not quite there should I still dispute with the CRA's becasue the CA has no DOFD listed ?

What would you do ? Keep in mind I won't be applying for Mortgage until May or June .

Can CA get a court date right away to start proceedings to sue me or does it take months to get on the court calendar ?

Thanks so very much !

PS:I owed money to other OC that were CO to CA's..LNVN ARROW AND Midland that I have paid in the last 2 years because it was my debt . Nothing to do with Verizon who I refuse to pay because they are lying thieves who screwed me.

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No.. In fact, If I were you I'd strongly consider doing a 623 dispute with them (use the search feature to find out what a 623 is) to find out the exact date and get a history of bill paying. Perhaps they won't be able to provide you with anything. In which case this would give you grounds to reopen the Credit bureaus investigation in the CA that is reporting to your credit reports. You could possibly get it deleted that way if there is no proof that an original debt was ever owed in the first place.

Verizon isn't on my report..just the CA. I would think Verizon keeps records for awhile so I'm kind of scared to go this route being my SOL is short by a few months.

I don't understand why verizon isn't listed because it hasn't been 7years -180 days where it would have been deleted.

Very confusing.

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To tell you the truth I'm not sure of the DOFD but it is over 5 years and very close to 6 by a few months. So I'm not going to call verizon.

I'm afraid to dispute this becasue I know the SOL to be sued 6 years is very close and pretty sure it's not 6 years. I believ I have 2-3 months to go.

If I dispute with the CRA that anyone who furnishes information to a credit reporting agency must report the same date of 1st delinquency then Pinnacle might come up with the DOFD which will fall right under the 6 year mark.Then I could be taken to court.

Being the SOL is so close to 6 years but not quite there should I still dispute with the CRA's becasue the CA has no DOFD listed ?

What would you do ? Keep in mind I won't be applying for Mortgage until May or June .

Can CA get a court date right away to start proceedings to sue me or does it take months to get on the court calendar ?

Thanks so very much !

PS:I owed money to other OC that were CO to CA's..LNVN ARROW AND Midland that I have paid in the last 2 years because it was my debt . Nothing to do with Verizon who I refuse to pay because they are lying thieves who screwed me.

If it were me, I'd be going through my bank statements for 2004 and 2005. If you don't have those statements, get copies from your bank. Get the 2006 statements, if necessary. That way you'd know for sure the last time you made a payment to Verizon. You'd then have an idea as to where you stand.

Edited by BV80

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