legality of reporting of purchased debt. Debt orginally open in 2005 cut off 2006. Direct TV could not provide contract and took off credit report. Debt purchased 1/1/12. Showed cut of date, not DLA (Date of last payment) was 2006. Account is out of statutes, but they reported on credit bureau. What laws and statutes do i need to combat this.
State/Country relating to question: Florida
Request dla, and contract. They do not have. Advised them that Direct TV took off credit bureau becuase was out of stat's. Finally offered to pay 1/2 to remove. In process of closing on property and just put on the credit bureau in the last 30days!
Hi and thanks for asking your question. My name is XXXXX XXX I will be assisting you. Please bear with me while I get some clarification from you.
Did they send you a notice giving you 30 days to dispute the debt?
No. It just poped up. I am doing this for my nephew and i was a bill collector in the commerical arena. They offered him a 50% pay out and removal off his credit, but to call back. I then spoke with the agency about the dla and not the disconnect date, tried to give add but then manager on the phone. Claimed no offer will not remove. Advised Direct took off report. Problem getting ready to close on house in 45days and this just popped on the bureau in last 15days, I know the letter needs to go, but he lost 40points just by the reporting and now is unable to close.
As far as reporting, it's seven years from DLA. However, the collection agency must validate the debt if you request validation in writing. They can't report until they do.
But must request validation during the 30 days after receiving the original notice.
IF he can prove the collection agency is wrong, he can send a letter threatening to sue and further alerting them that he is losing his potential to close on his home based on their mistake and intends to sue for those damages as well.
which statutes can i look at for more relevance also isnt there a reporting factor that extends to purchased debt? Thank you
The reporting (no matter who owns the debt) is from date of last activity. Thus, if his DLA was in 2006, they can report until 2013
He needs to figure out his DLA
If there is no contract anyone can produce, they won't be able to prove anything. In that case, maybe he threatens suit and damages, as I stated above. Get them scared.
Attorney licensed in multiple jurisdictions.
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