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Allied Interstate (my old employer) is trying to collect on an old debt of mine. Help me stick it to them!


chuckd
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Howdy. Long time no post. I'm a former regular-ish person around here. I used to work as a bill collector, and posting here to try and help people was my way of trying to atone for my sins. ;)
 
I got a collection letter today for a bank account that charged off back in 2006. Of course it was like $600 at the time, and now it's over $1400. Apparently LVNV (who has been calling and sending me mail) sold it or reassigned it to Allied Interstate. I was just going to let it die, but I looked on my credit and they are reporting it as a separate tradeline. Wrong dates, etc. So I want to pursue that, but I wanted to wait and see if they removed it when it *should* be removed. The letter I received today said the account was charged off in August of 2006, which means it should be off my credit bureau report in a month or so.
 
Here's my question: Should I call and tell them I will offer $100 in exchange for removal of all trade lines? Their letter offered a settlement amount of $300, so I was thinking $100 is a reasonable counteroffer. I was thinking of waiting until a day or two after the 7 year mark, pulling my credit, and then calling with that offer. Of course I wouldn't give them money without the agreement in writing, but I feel like if I point out they are violating FCRA by reporting incorrectly they might be more apt to make a deal. Plus, I hated working there and would really like to stick it to them in some way.
 
Thanks!
 
Chuck D, former miserable bill collector (now I work in IT, so I'm miserable in an entirely different way!)

 

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well if you pay them, you reset your SOL which is time barred by now.  I would just play with them, and send them a debt validation.  See if they still try to collect without neding you validation.  Then you can file an FDCPA violation on them.  OR you could just write them a C & D letter and tell them your not paying--ever.  Then if they file suit on you you can file a counter claim for an FDCPA violation for suing you on a time barred debt. Your choice.

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Why would you want to offer a pay for delete when the entries will be falling off of your CR soon?   Just let them fall off on their own.

 

Whether or not you send a cease and desist depends upon whether or not the account is outside the SOL for collection.  As Shellie stated, making a payment could reset the SOL.

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I would let it alone until after September, the I would send them a refusal to pay letter. As far as the cra's are concerned wait until after September and see if they  still report, if they do you have fcra and fdcpa violations.

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@chuckd 

 

Why would you want to offer a pay for delete when the entries will be falling off of your CR soon?   Just let them fall off on their own.

 

Whether or not you send a cease and desist depends upon whether or not the account is outside the SOL for collection.  As Shellie stated, making a payment could reset the SOL.

I totally agree with this.  

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@chuckd 

 

I totally agree with this.  

Ok... i was thinking a pay for delete would be preferable than dealing with them incorrectly reporting it on my CR. I am just being lazy. I will leave it alone and see if they stop reporting it when they should, and if not then I'll start the fun of holding them accountable for their mistakes.

 

Thanks for the replies, everyone!

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Ok... i was thinking a pay for delete would be preferable than dealing with them incorrectly reporting it on my CR. I am just being lazy. I will leave it alone and see if they stop reporting it when they should, and if not then I'll start the fun of holding them accountable for their mistakes.

 

Thanks for the replies, everyone!

You're welcome.  

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Ohio has a 6 year Statute of Limitations on all debts. 2006 + 6 = 2012. This debt is Out of Statute.

 

FCRA has a 7 year SOL from Charge Off. 2006+7 = 2013. It falls off your Credit Report this year.

 

Why on Earth would you do anything other than tell them to pound sand?

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Oh so close to the FCRA limits.  Wait until they are violating, THEN have your fun with them (being careful to not reset the clock on the FCRA limit).  The fun would be mentioning their violations every time they call.  "Do you know what the FCRA is?  Did you know that your employer is currently in violation of the FCRA?  Did you know that if you make a mistake in this phone call, you could be adding on another $1000 your company will lose, making it more attractive to me to sue them in federal court?  What was your name again, so I can call you as a witness to testify?  Are you going to continue to work there?"

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LVNV belongs to the Sherman Group, so if Allied Interstate is trying to collect LVNV must have sold it. I do not think Allied works with LVNV, but they may.

 

I would send a dv and see if they claim to own the debt. If they do say they own it, it has been to at least two different collection agencies. I would say more than two. So proving they own the debt will be hard for them to accomplish in court.

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