Battling Tools of Debt Collection

I just found your site last nite been reading it ever since. What brought me to find your site is a letter i recieved from ThisDebtCollector.  Stating that I owe them 320.80.

“Since you have failed to remit payment in full we are now left with theoption of summiting this account into the credit burwaus for listing on your credit report as an unpaid past due debt. This will be kept there for at least seven (7) years. Because this adverse credit rating becomes public record information it may result in future denial of credit. When collection investigations reveal your debt is substantioal enough and your assests (employment, bank,cars,property) show that they have a net worth, we will at that time consider sueing you in order to force collection.”

Ok this debt was origanlly 170.75 to a matco tool distributor (Tool Truck). according to a old credit report i have it states Date opened 01/2005 but date placed for collection [11/2001] Estamated date of removal 01/2008 It is not on my credit reports as of last nite from Equifax, Transunion, or Experian. So from reading your post I gathered they cannot repost it to my credit reports if I understand what I read properly. I have looked at expertlaw.com/library/limitations_by_state but im not sure where a Tool Truck debt falls. I live in Washington State.  Pretty sure they are just triing to scare me.

Any suggestions you have and or pointers would be greatly appeciated.

Michael

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Hello Michael,

The FCRA reporting period runs based on the date of first delinquency with the original creditor.  Any subsequent collection agency is also required to notify the CRA of the date the account first became delinquent with the original creditor.  The FCRA is federal law.

The statute of limitations is a separate issue from the above listed credit reporting limits.  Statute of limitations has to do with the period of time for which a debtor can be sued for a debt and is governed by state law. 

If you received their initial dunning letter then it should also contain your validation rights.  You have thirty-days to request validation of the debt per the FDCPA.  Here is how debt collectors view validation of the debt per the FDCPA.  Here are the limitations/restrictions on credit reporting during the validation period.

Also, in your request for validation you may also advise them that federal law permits credit reports to be viewed by parties with a permissible purpose only and the statement: “Because this adverse credit rating becomes public record information..” is patently false and violates Section 1692(e)(10) of the FDCPA on its face.  Some of the other statements they made would also seem circumspect unless they were made by ma and pa collectors.

Thanks for the questions and hope this helps.

Paul

This author is not an attorney and this information should not be considered legal advice.  Please consult an attorney for legal advice.