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Folks, need advise badly..

I had a dispute with AT&T on some fees which I though irrelevant and fought back.. had a BBB complaint opened and a few back and forth discussions went on and left off somewhere.

yday recd, notice from collection agency (payerc.com) , I went back to BBB and noticed the case was closed long ago (my bad.. not noticed)...

wondering the affect on my credit score if I pay off to the collection agency.. advise pls

Member Summary
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Thanks much Mickie3.. I am going to dispute today, also should i include my past BBB complaint along with the dispute (o... (more)

froster (Oct. 07, 2013 @ 7:08a) |

Stand-alone should be more than enough.  All you really need to do is the simple "Please validate" and they are required... (more)

Mickie3 (Oct. 07, 2013 @ 7:13a) |

"I dispute, please validate" within 30 days of receiving initial contact halts collection until validation is forwarded ... (more)

taxmantoo (Oct. 07, 2013 @ 7:26a) |

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How much are we talking about?

Is it already on your credit reports?

If it's on your credit history (AnnualCreditReport.com)

You have to call the Agency and 'negotiate' a deal that says it will remove off your history.
If you just pay...well take that -100 point hit for the next few years

wondering the affect on my credit score if I pay off to the collection agency.. advise pls

Without an agreement to delete, paying isn't going to help anything.

Just now pulled the report and I dont see this record in my credit history.. The amt is actually $72.00 but collection agent notice say a settlement amount $54.00

I am ready to pay but afraid if they going to report after payoff ..

Get a letter stating they will not report it to any and all credit bureaus upon paying settlement of $54.

froster said:   Just now pulled the report and I dont see this record in my credit history.. The amt is actually $72.00 but collection agent notice say a settlement amount $54.00

I am ready to pay but afraid if they going to report after payoff ..

    If you just pay them without getting in writing that they'll delete the collection acct from the bureau then you're doing more harm to your credit score than good.  You'll extend the removal date for that acct by several years.  Good website on how to deal with this is CreditBoards.com

I dispute this debt. Please validate.

Sincerely
froster
Account #XXXXXXX

I just wrote your initial correspondence to the debt collector. Send that certified mail, return receipt requested.

I am likely to write more later...

You'll extend the removal date for that acct by several years.

Nope. Maybe you should venture over to credit boards yourself as well. The removal date is fixed and is defined as 7 years after the date of first delinquency, which never changes as you can't be first delinquent more than once. That never changes and the account can never, ever be reported unless you bring it fully current and then default again, which would typically occur with a mortgage or something like that.

froster said:   Just now pulled the report and I dont see this record in my credit history.. The amt is actually $72.00 but collection agent notice say a settlement amount $54.00

I am ready to pay but afraid if they going to report after payoff ..

  
Sounds like they own it.
Make sure they don't do something shitty like sell the $18 unpaid balance to an even lower bottom feeder.

codename47 said:   You'll extend the removal date for that acct by several years.

Nope. Maybe you should venture over to credit boards yourself as well. The removal date is fixed and is defined as 7 years after the date of first delinquency, which never changes as you can't be first delinquent more than once. That never changes and the account can never, ever be reported unless you bring it fully current and then default again, which would typically occur with a mortgage or something like that.

  
You're correct....I was thinking more of the SOL. 

codename47 said:   You'll extend the removal date for that acct by several years.

Nope. Maybe you should venture over to credit boards yourself as well. The removal date is fixed and is defined as 7 years after the date of first delinquency, which never changes as you can't be first delinquent more than once. That never changes and the account can never, ever be reported unless you bring it fully current and then default again, which would typically occur with a mortgage or something like that.

  Would you mind providing a reference? I'm not saying that I do not believe you it's just that I have heard the opposite from a number of what I had considered reputable sources.


I have heard all sorts of folksy wisdom that isn't true, so I don't blame you. I keep hearing the lie repeated that if you even acknowledge or make a payment on a debt it restarts the SOL for them to sue you, but I've never seen a statute in a state that confirms that. Reminds me of that parable about repeating a lie often enough and it becomes true.

Equifax informed consumers that information concerning accounts that had not been paid as agreed remained in the credit file for 7 years as measured from the Date of Last Activity. Gillespie, at 939-40. Plaintiffs allege that Equifax’s disclosures are not clear or accurate as required by 15 U.S.C. § 1681g(a)(1), making it difficult to properly calculate the FCRA’s 7½-year disclosure period under 15 U.S.C. § 1681c(a)(4). Id., at 940. The defense countered that a consumer need only add 7 years to the Date of Last Activity to determine the date on which negative credit information should be removed from their file. Id.

From a court ruling

http://classactiondefense.jmbm.com/2007/06/fcra_class_action_def...

http://www.bills.com/re-aging-debt/

good article on it. Note that NCO financial got their head slammed in a door to the tune of 1.5M for illegally re-aging accounts on consumer's reports by the FTC.

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&c...

Search for 7 year reporting on the PDF and you'll find it

thanks all for quick response.. I spoke to the collection agency but negative on the "not reporting to credit bureau's", however they said put on hold if I am going to dispute it..

any other alternatives ? shall I open complaint on BBB and use that as starting point for dispute

froster said:   thanks all for quick response.. I spoke to the collection agency but negative on the "not reporting to credit bureau's", however they said put on hold if I am going to dispute it..

any other alternatives ? shall I open complaint on BBB and use that as starting point for dispute

  

The BBB has nothing to do with the dispute, and contrary to some opinions, is pretty worthless to any consumers as its basically a PR agency for paying members to slam non-members. 

Dispute the debt with the CA and they will have to validate the debt. 
 

codename47 said:   You'll extend the removal date for that acct by several years.

Nope. Maybe you should venture over to credit boards yourself as well. The removal date is fixed and is defined as 7 years after the date of first delinquency, which never changes as you can't be first delinquent more than once. That never changes and the account can never, ever be reported unless you bring it fully current and then default again, which would typically occur with a mortgage or something like that.

  Do the credit report agencies automatically remove these after 7 years or do you have to contact them to request it be removed?

froster said:   thanks all for quick response.. I spoke to the collection agency but negative on the "not reporting to credit bureau's", however they said put on hold if I am going to dispute it..

any other alternatives ? shall I open complaint on BBB and use that as starting point for dispute

  If they are going to report it regardless or whether you pay or not, is there any actual benefit to paying?

Don't pay a penny

Dispute in writing , certified mail return receipt , and sue them if they put it on your credit report . There are consumer lawyers who take these cases at no charge and get paid in settlement

SUCKISSTAPLES said:   Don't pay a penny

Dispute in writing , certified mail return receipt , and sue them if they put it on your credit report . There are consumer lawyers who take these cases at no charge and get paid in settlement

  

OP says the debt is valid, so if they validate and report, there is nothing he can do (suit or otherwise.)  They can, however, sue him and get a judgement and really screw him up, long term, if he still doesn't pay the debt.

 

Do the credit report agencies automatically remove these after 7 years or do you have to contact them to request it be removed?

Assuming it was reported correctly, yes, most of them have automatic filters to cull out aged information. I know of a creditor that reported an incorrectly re-aged account as a new account, then they changed it to the correct DOFD and the CRA's automatically deleted it. At least Experian does this.

There is nowhere where he says anything is valid

He had a billing dispute with AT&T and instead of resolving it they sent it to collections , that doesn't make it valid

SUCKISSTAPLES said:   There is nowhere where he says anything is valid

He had a billing dispute with AT&T and instead of resolving it they sent it to collections , that doesn't make it valid

  
OP: "I had a dispute with AT&T on some fees which I though irrelevant "

OP should come back and comment on if it is a valid debt, and if so, how much is owed.  He said that they were trying to collect 54 of 72, but never said how much he, in fact, owes ATT.  What were the charges for?  Did he challenge with ATT?  (he said he complained to BBB, but did he ever dispute with ATT?)

OP????  More info??




 

let me get this straight..

this is for AT&T DSL connection, when taking connection I was told 3 mbps (back then 2011), but after the connection realized the maximum they could do was 560 kpbs due to their limitation .. I was working from home and obviously horrible speed

So I disconnected the line, but then realized I was put in a 12months contract.. I had a complaint opened on BBB and was fighting with them and somewhere lost tracking of it and completely forgot

Now after two year AT&T brought it back again with collection agency and so I am seeing advise what to do now

froster said:   let me get this straight..

this is for AT&T DSL connection, when taking connection I was told 3 mbps (back then 2011), but after the connection realized the maximum they could do was 560 kpbs due to their limitation .. I was working from home and obviously horrible speed

So I disconnected the line, but then realized I was put in a 12months contract.. I had a complaint opened on BBB and was fighting with them and somewhere lost tracking of it and completely forgot

Now after two year AT&T brought it back again with collection agency and so I am seeing advise what to do now

  


ATT and all the other ISPs as well, always say "up to" XX MBs service, which sux (mine is supposed to be 8 or 10, but will never see that fast), so that is their out on the speed.  As for the contract length, they cannot just put you in one, you have to agree to it.  I had CenturyStink attempt to say I was in a 2 year contract, but a simple "prove it"  was all I needed to discontinue their non-working service.  If you dispute the amount to the CA, the onus is on them to prove you had a contract if you are being charged an ETF or what exactly you are being charged for.  Somehow, I think if you will dispute it, they will drop it as it will take too much of their time to actually check to see if there was a contract, etc.

OP:  Have you disputed the amount yet? 
 

Thanks much Mickie3.. I am going to dispute today, also should i include my past BBB complaint along with the dispute (or)a stand alone dispute (asking for contract) would be enough ?

froster said:   Thanks much Mickie3.. I am going to dispute today, also should i include my past BBB complaint along with the dispute (or)a stand alone dispute (asking for contract) would be enough ?
  

Stand-alone should be more than enough.  All you really need to do is the simple "Please validate" and they are required to prove that you had a contract.  The burden of proof is up to them, NOT you.

Go for it! 

 

"I dispute, please validate" within 30 days of receiving initial contact halts collection until validation is forwarded to the debtor.

The collection agency just has to go back to the original creditor and verify that AT&T thinks OP owes the sum they're trying to collect, that's FDCPA validation.
Looking it up in the database that AT&T already sent them is not FDCPA validation.
Once they validate, they can resume collection efforts.

If OP disputes specifically by saying that they never had a contract with AT&T to make them liable for any termination fees, then the collector has to conduct a reasonable investigation, which of course they'd rather just drop the issue than waste money looking into it.

A refusal to pay halts all contact between collector and debtor, but the collector can send debtor one letter describing what they're going to do next.


 



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