Anyone know how to solve a unjustified debt?

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Britboy

Senior member
Jul 25, 2001
818
0
0
Originally posted by: Marlin1975
If it is not on your credit report then I would not worry about it. If it is on your credit report write a letter saying that is is not your bill and you want proof that it is yours. If they can not show YOU owe it, then it will be removed.
I had that happen before, and a simple 1 page letter fixed it.

Totally agree. Save your $200. I got my free credit reports and found a debt collector on there for something I was not responsible. I disputed it online and it was deleted a month or so later.
 

Dulanic

Diamond Member
Oct 27, 2000
9,971
592
136
(c) Running of reporting period.

(1) In general. The 7-year period referred to in paragraphs (4) and (6)(2) of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.

(2) Effective date. Paragraph (1) shall apply only to items of information added to the file of a consumer on or after the date that is 455 days after the date of enactment of the Consumer Credit Reporting Reform Act of 1996.

(d) Information required to be disclosed. Any consumer reporting agency that furnishes a consumer report that contains information regarding any case involving the consumer that arises under title 11, United States Code, shall include in the report an identification of the chapter of such title 11 under which such case arises if provided by the source of the information. If any case arising or filed under title 11, United States Code, is withdrawn by the consumer before a final judgment, the consumer reporting agency shall include in the report that such case or filing was withdrawn upon receipt of documentation certifying such withdrawal.

(e) Indication of closure of account by consumer. If a consumer reporting agency is notified pursuant to section 623(a)(4) [§ 1681s-2] that a credit account of a consumer was voluntarily closed by the consumer, the agency shall indicate that fact in any consumer report that includes information related to the account.

(f) Indication of dispute by consumer. If a consumer reporting agency is notified pursuant to section 623(a)(3) [§ 1681s-2] that information regarding a consumer who was furnished to the agency is disputed by the consumer, the agency shall indicate that fact in each consumer report that includes the disputed information.

Obviously they are breaking this rule.... they are showing the date current instead of when it supposedly went delinquient. Which brings us to this section...

§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]

(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

(1)(A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or


(B) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;


(2) such amount of punitive damages as the court may allow; and

(3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

(b) Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater.

(c) Attorney's fees. Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.

§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]

(a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

(1) any actual damages sustained by the consumer as a result of the failure;

(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

(b) Attorney's fees. On a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Collection Agency snip
Original Creditor snip
Account Number snip
Whose Account Participant on Account
Date Assigned July, 2001
Date Reported July, 2005
Amount $211
Balance $211
Date Paid Out Not on record
Date Closed Not on record
 

Dulanic

Diamond Member
Oct 27, 2000
9,971
592
136
Originally posted by: alkemyst
Collection Agency snip
Original Creditor snip
Account Number snip
Whose Account Participant on Account
Date Assigned July, 2001
Date Reported July, 2005
Amount $211
Balance $211
Date Paid Out Not on record
Date Closed Not on record

Ah not much you can do there, the Assigned date is the date its set for when it went deliquent. Honestly.... Im dealing with something like this for $74, Im leaving it screw it. If you pay it they can then go and chang the date to when you actually paid it, and then its on for another 7 years. As is right now, youve got 3 years before it goes away, ignore it.

But if it is effecting your credit score a decent amount go to creditnet and grab one of their debt validation letters and fire it off certified mail.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: Dulanic
Ah not much you can do there, the Assigned date is the date its set for when it went deliquent. Honestly.... Im dealing with something like this for $74, Im leaving it screw it. If you pay it they can then go and chang the date to when you actually paid it, and then its on for another 7 years. As is right now, youve got 3 years before it goes away, ignore it.

But if it is effecting your credit score a decent amount go to creditnet and grab one of their debt validation letters and fire it off certified mail.

so the reported date has no bearing on it dropping off?

 

Dulanic

Diamond Member
Oct 27, 2000
9,971
592
136
Originally posted by: alkemyst
Originally posted by: Dulanic
Ah not much you can do there, the Assigned date is the date its set for when it went deliquent. Honestly.... Im dealing with something like this for $74, Im leaving it screw it. If you pay it they can then go and chang the date to when you actually paid it, and then its on for another 7 years. As is right now, youve got 3 years before it goes away, ignore it.

But if it is effecting your credit score a decent amount go to creditnet and grab one of their debt validation letters and fire it off certified mail.

so the reported date has no bearing on it dropping off?


No thats just when they reported it to the CRA, as long as it has it listed for when the account went delinquent (which it does June 2001) your ok.
 

Homerboy

Lifer
Mar 1, 2000
30,890
5,001
126
Originally posted by: alkemyst
Originally posted by: Homerboy
collectors calling you at work is NOT against the law unless you specifically tell them not too.

always it is if they disclose matters to third parties though....

I have asked and written in to be only contacted via mail.

Correct they can not disclose anything... but they CAN certianly call you there unless you specifiy not to do it again.
They cant even leave a msg with a 3rd party at your home unless that person admints to e realted (husband/wife etc).
I work in a 70 person collection agency... trust me :)
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: Homerboy
Originally posted by: alkemyst
Originally posted by: Homerboy
collectors calling you at work is NOT against the law unless you specifically tell them not too.

always it is if they disclose matters to third parties though....

I have asked and written in to be only contacted via mail.

Correct they can not disclose anything... but they CAN certianly call you there unless you specifiy not to do it again.
They cant even leave a msg with a 3rd party at your home unless that person admints to e realted (husband/wife etc).
I work in a 70 person collection agency... trust me :)

Well this chick got into a lengthy discussion with an as#hole boss I had in college. I was working for a nice pay part time job, but the job was not paying my bills my savings was...it gave me professional programming and analysis experience though, he kept insisting I needed to show up at 9am after he hired me as a college student offering a 12-5 on M/W/F and a 9-5 on T/R work day.

All it took was this lady calling me back on the phone number I called her from the day before, I came in and my boss was asking just how much money I owe all these people.

He knew my ex-financee's name, my apartment address, etc.

Howver proving that would never happen...