Can a collection agency report a bad credit card debt if they do not have written records?

Question

I was contacted by collection agency an account that was charged off 8 years ago. They said they bought that debt and are reporting it on my credit.

I asked for written records with my signature to ensure that it was a real account that I opened. They said that it had been validated by the orginal credit card company, but they could not supply any records with my signature.

Can I have that removed if there are no records with signatures showing that I ever opened that account?

Answer 1

Since it is a credit card debt and it was charged off 8 years ago, the collection agency is violating your rights by reporting it.

A credit card can only be reported for 7 years from the first time you became 30 days late and never brought the account current leading to the charge off. It cannot be re-aged to report for a longer period.

I would suggest doing "everything" in writing and sent certified mail return receipt - create a paper trail to use should you decide to sue the collection agency.

Order your paid reports.
Send the collection agency a debt validation letter. Do not sign the letter, print your initials or type your name.
When you get the green card back, file disputes with the CRA's.

If the account is verified instead of being removed, file complaints with the BBB, FTC, your AG and the collection agencies AG.

If the account remains, sue the collector for their violations.

Chances are pretty good that you are past the collecting SOL for your state. Though you might click on my profile and click on the link listed to find the SOL for your state.
If you are past the collecting SOL, after you do the above steps, you should send the collector a SOL letter.

You might do some reading in the other links I have listed in my profile, to the FDCPA, FCRA and also the last link listed.

Answer 2

Yes if they can't prove that it is in fact your debt dispute either on your credit report (this will take less time) or dispute it with the original creditor (will take longer). If you dispute it thru your credit report the company will have 30 days to resolve
(get records, signatures, whatever they need to prove it's your debt). If not it has to be removed

Step 1: Get copy of credit report (call or get online) I prefer calling if you go online they give you all kinds of "trick questions" to answer to prove your identity and this is a longer process

Step 2: Find the item and dispute it online (you can write and mail but this will take longer)

Step 3: Wait (the credit bureau will notify email when you can review your corrected credit report) This will show either it being removed or how they determined you really owed the money.

Step 4: Print a copy for your records and just to verify order a copy a year after the current report unless you want to pay.


I recommend doing it this way I disputed 2 items and they were removed with 2 weeks!!!!!!!!

Answer 3

I don't think they are required to have anything with your signature on it. The original credit company probably maintains the original documents. If there was indeed an unpaid debt, an outside collection agency can collect if they have a document showing they acquired it from the credit card company. They don't need your ok to collect from you. If this is not your debt, you can dispute it with the 3 major credit agencies after it appears on your credit report.

Answer 4

Yes, you can have it removed. The collection agency is violating your federal rights under the FCRA and FDCPA as well as maybe some state laws.

Send the collection agency a debt validation letter and dispute the account with the credit bureaus.

For some sample letters, check out the site below:

Answer 5

Your debt became into for sure offered to Franklin by potential of the mastercard agency in touch. the incontrovertible fact which you probably did not pay it did not make the debt disappear. The mastercard agency basically stopped its efforts. they could't have you ever arrested for 'criminal theft'. it somewhat is absurd. whether, they'll newly checklist their purchase of your debt to all 3 credit reporting bureaus, and which will hang-out you for the subsequent seven years or greater. The SOL in basic terms potential that they won't be able to pursue criminal action (judgment) against you to hold at the same time the debt. yet they could and could hound you without mercy until you stumble on a thank you to deal with what you owe. there is not any SOL in this variety of attempt to hold at the same time what you owe.