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	<title>Ask Liz Weston &#187; collections</title>
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	<link>http://asklizweston.com</link>
	<description>Personal Finance Columnist</description>
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		<title>Unwanted time share can lead to credit score hit</title>
		<link>http://asklizweston.com/2011/10/24/unwanted-time-share-can-lead-to-credit-score-hit/</link>
		<comments>http://asklizweston.com/2011/10/24/unwanted-time-share-can-lead-to-credit-score-hit/#comments</comments>
		<pubDate>Mon, 24 Oct 2011 22:16:40 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Credit Scoring]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[collections]]></category>
		<category><![CDATA[Credit Scores]]></category>
		<category><![CDATA[credit scoring]]></category>
		<category><![CDATA[debt collection]]></category>
		<category><![CDATA[FICO]]></category>
		<category><![CDATA[FICO scores]]></category>
		<category><![CDATA[time share]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=3067</guid>
		<description><![CDATA[Dear Liz: I have tried to sell my time share on different occasions. If I stop paying my assessments and taxes because I do not wish to use my time share any more, will that be detrimental to my credit? Answer: Typically, your delinquent account will be turned over to a collection agency. Not only [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> I have tried to sell my time share on different occasions. If I stop paying my assessments and taxes because I do not wish to use my time share any more, will that be detrimental to my credit?</p>
<p><strong>Answer:</strong> Typically, your delinquent account will be turned over to a collection agency. Not only will your credit scores take a hit, but you may be subject to nasty collection calls as well.</p>
<p>If your time share is paid for, you might consider giving it away. Some people have successfully gotten rid of time shares by listing them for $1 or so on <a id="ORCRP00000010598" title="Craigslist, Inc." href="http://www.latimes.com/topic/services-shopping/craigslist-inc.-ORCRP00000010598.topic">Craigslist</a> or <a id="ORCRP004915" title="eBay Inc." href="http://www.latimes.com/topic/economy-business-finance/ebay-inc.-ORCRP004915.topic">eBay</a>.</p>
<p>If you still owe money on the loan you used to buy the time share, though, giving it away is probably not an option unless you&#8217;re able to pay off the loan first.</p>
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		<title>Debt after life: When collectors call after someone dies</title>
		<link>http://asklizweston.com/2011/07/15/debt-after-life-when-collectors-call-after-someone-dies/</link>
		<comments>http://asklizweston.com/2011/07/15/debt-after-life-when-collectors-call-after-someone-dies/#comments</comments>
		<pubDate>Fri, 15 Jul 2011 14:00:56 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Liz's Blog]]></category>
		<category><![CDATA[collection agencies]]></category>
		<category><![CDATA[collections]]></category>
		<category><![CDATA[Collectors]]></category>
		<category><![CDATA[Credit Cards]]></category>
		<category><![CDATA[debt collection]]></category>
		<category><![CDATA[Debts]]></category>
		<category><![CDATA[Estate Planning]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2889</guid>
		<description><![CDATA[Debts don&#8217;t just disappear when someone dies, and figuring out who&#8217;s responsible can take some effort, as I wrote in my latest MSN column, &#8220;Stuck with the departed&#8217;s debts?&#8221; But a Facebook fan pointed out that not all debt collection calls are based on a legitimate debt: After my father died, my mother was contacted [...]]]></description>
			<content:encoded><![CDATA[<p>Debts don&#8217;t just disappear when someone dies, and figuring out who&#8217;s responsible can take some effort, as I wrote in my latest MSN column, &#8220;<a href="http://money.msn.com/retirement/stuck-with-the-departeds-debts-weston.aspx" target="_blank">Stuck with the departed&#8217;s debts?</a>&#8221;</p>
<p>But a Facebook fan pointed out that not all debt collection calls are based on a legitimate debt:</p>
<blockquote><p>After my father died, my mother was contacted by  someone falsely claiming he owed a medical bill, offering to process  the payment over the phone.  She knew it was false [because] she handled the bills, so she told them not to call again.</p></blockquote>
<p>Survivors also should beware of calls from purported charities, claiming that the deceased promised them a donation of some kind.</p>
<p>When it comes to claims against an estate, you&#8217;ll want to see proof that the deceased owed the debt or made any kind of financial promise. Don&#8217;t take a caller&#8217;s word for it.</p>
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		<title>Don&#8217;t stick your head in the sand about debt</title>
		<link>http://asklizweston.com/2011/05/23/dont-stick-your-head-in-the-sand-about-debt/</link>
		<comments>http://asklizweston.com/2011/05/23/dont-stick-your-head-in-the-sand-about-debt/#comments</comments>
		<pubDate>Mon, 23 May 2011 16:48:23 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Credit & Debt]]></category>
		<category><![CDATA[Credit Scoring]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[collections]]></category>
		<category><![CDATA[Credit Bureaus]]></category>
		<category><![CDATA[credit scoring]]></category>
		<category><![CDATA[Debts]]></category>
		<category><![CDATA[FICO]]></category>
		<category><![CDATA[FICO scores]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2793</guid>
		<description><![CDATA[Dear Liz: I just got a letter from a collection agency saying I owe a phone carrier $498 for an ISDN line I thought I had terminated two years ago. I had no idea about this outstanding amount because we moved and the carrier didn&#8217;t get my forwarding address. I can&#8217;t find any hard evidence [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> I just got a letter from a collection agency saying I  owe a phone carrier $498 for an ISDN line I thought I had terminated two  years ago. I had no idea about this outstanding amount because we moved  and the carrier didn&#8217;t get my forwarding address. I can&#8217;t find any hard  evidence that I closed the account, and so much was going on  then (I  was expecting our first child, my father was dying and our landlord  decided to sell the apartment) that I&#8217;m terrified I could have screwed  up. We are otherwise always responsible with money. I&#8217;ve been too scared  to check my credit reports, but I dread to think what this has done to  my credit scores. I&#8217;m in a position to pay in full immediately, but I  want to try to have this expunged from my credit reports if I can do so.  My other concern is that if <a id="ORCRP016243" title="Verizon Communications" href="http://www.latimes.com/topic/economy-business-finance/verizon-communications-ORCRP016243.topic">Verizon</a> doesn&#8217;t think I terminated the account, could  it have been billing me all this time? Is it the tip of the iceberg?</p>
<p><strong>Answer: </strong>The chances are slim the carrier continued to bill you  after turning this account over to collections. So your first assignment  is to pull your head out of the sand and see  whether this collection  account has appeared on your credit reports. Torturing yourself with  worry about what&#8217;s happening to your credit is worse than simply  knowing. Go find out.</p>
<p>Once you do, and you realize you&#8217;re still breathing, you can get started on the next steps.</p>
<p>Understand that you may well not owe this debt. Plenty of people have  been dunned for accounts that were properly closed and paid in full.  That&#8217;s why it&#8217;s so important to hang on to your last statement, showing a  zero balance, from any creditor, utility or other biller — it can  quickly short-circuit bogus debt collection efforts.</p>
<p>You&#8217;re not out of ammunition because you don&#8217;t have your last statement,  however. Federal law requires the collector to provide proof, once you  ask for it, that this is actually your debt. Make your request in  writing and send it certified mail, return receipt requested. If the  collector can&#8217;t provide such proof, it&#8217;s supposed to stop collection  attempts and delete any mention of the debt from your credit reports.</p>
<p>If the debt is yours,  you can begin negotiations to either delete it  from your credit reports or prevent it from showing up, if the collector  has yet to report it. Get the collector&#8217;s promise in writing before you  send any money.</p>
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		<title>How long bad debt can haunt you</title>
		<link>http://asklizweston.com/2011/05/02/how-long-bad-debt-can-haunt-you/</link>
		<comments>http://asklizweston.com/2011/05/02/how-long-bad-debt-can-haunt-you/#comments</comments>
		<pubDate>Mon, 02 May 2011 16:15:54 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Credit & Debt]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[collection agencies]]></category>
		<category><![CDATA[collections]]></category>
		<category><![CDATA[Collectors]]></category>
		<category><![CDATA[debt collection]]></category>
		<category><![CDATA[fair credit reporting laws]]></category>
		<category><![CDATA[Fair Debt Collection Practices Act]]></category>
		<category><![CDATA[statute of limitations]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2742</guid>
		<description><![CDATA[Dear Liz: I co-signed a lease agreement for a friend in 2006. The friend flaked on the lease a few months later, so this debt is on my credit report. Everything I&#8217;ve read about credit reporting says it should fall off my credit report in seven years. But every few months the collection agency updates [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> I co-signed a lease agreement for a friend in 2006.  The friend flaked on the lease a few months later, so this debt is on my  credit report. Everything I&#8217;ve read about credit reporting says it  should fall off my credit report in seven years. But every few months  the collection agency updates my credit report because they are adding  interest onto the collection amount, which then updates the date of last  activity as well. Does this restart the clock on how long the debt can  be reported? Or is it still considered from when the account first was  delinquent? I had contact with them a few years ago, trying to negotiate  a settlement to clear my credit report, but we never agreed upon an  amount and I never acknowledged that this was my debt. I&#8217;ve been trying  to buy my first home for two years, and this has been the one thing  holding me back, causing a lot of heartache, so I&#8217;m trying to be as  informed as I can about it.</p>
<p><strong>Answer:</strong> The clock on reporting  most negative marks begins when the account first goes delinquent and  isn&#8217;t reset when a creditor or collection agency updates or sells the  debt. If the collection agency continues to report the debt after seven  years and 180 days passes, you should be able to dispute the entry with  the credit bureaus and get it removed from your credit reports.</p>
<p>You  also may need to be concerned about your state&#8217;s statute of limitations  for this debt. This statute affects how long you can be sued over a  debt, which can vary from three  to 15 years. In some states, the  statute can be extended if you make a payment on the debt or even  acknowledge it as your own.</p>
<p>If you&#8217;re at risk of being sued, you  may want an attorney&#8217;s advice about how to proceed and whether you  should try to settle this account. You can get a referral from the  National Assn. of Consumer Advocates at <a href="http://naca.net/">http://www.naca.net</a>.  Even if you aren&#8217;t at risk of a lawsuit, it could pay to get this debt  resolved. As you&#8217;ve learned, mortgage lenders typically aren&#8217;t willing  to  lend money to people with open collection accounts on their reports.</p>
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		<title>Zombie debt may still hurt credit scores</title>
		<link>http://asklizweston.com/2011/04/25/zombie-debt-may-still-hurt-credit-scores/</link>
		<comments>http://asklizweston.com/2011/04/25/zombie-debt-may-still-hurt-credit-scores/#comments</comments>
		<pubDate>Mon, 25 Apr 2011 16:48:14 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Credit & Debt]]></category>
		<category><![CDATA[Credit Scoring]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[collection agencies]]></category>
		<category><![CDATA[collections]]></category>
		<category><![CDATA[Credit Bureaus]]></category>
		<category><![CDATA[Credit Scores]]></category>
		<category><![CDATA[credit scoring]]></category>
		<category><![CDATA[debt settlement]]></category>
		<category><![CDATA[fair]]></category>
		<category><![CDATA[fair credit reporting laws]]></category>
		<category><![CDATA[Fair Debt Collection Practices Act]]></category>
		<category><![CDATA[FICO]]></category>
		<category><![CDATA[medical bills]]></category>
		<category><![CDATA[medical debt]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2727</guid>
		<description><![CDATA[Dear Liz: You just saved me $69! Eleven months after I was treated at a health clinic — where I paid the bill in full — I received a bill for $69. Because I have read so much from you on debt collection scams and zombie debt, I refrained from paying it. Before reading all [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> You just saved me $69! Eleven months after I was  treated at a health clinic — where I paid the bill in full — I received a  bill for $69. Because I have read so much from you on debt collection  scams and zombie debt, I refrained from paying it. Before reading all  your columns, I would have paid it without question, to save my credit  score and avoid a <a id="HEISY000024" title="Headaches" href="http://www.latimes.com/topic/health/symptoms/headaches-HEISY000024.topic">headache</a>.  Instead I called the clinic&#8217;s billing department, with a receipt from  last May that said my balance was zero. The billing representative told  me that I do not owe anything and to disregard the new bill. It may not  be a lot of money to most people, but it is money, and I am grateful to  you for erasing biases taught to me as a child that have cost me in the  past.</p>
<p><strong>Answer:</strong> You&#8217;re not quite done yet. If you&#8217;re contacted by a debt  collection agency, you need to send a copy of the proof you paid the  bill to the agency, along with a letter saying that you don&#8217;t owe the  debt and that reporting the debt to the credit bureaus would be a  violation of fair credit reporting and debt collecting laws.</p>
<p>If the debt collector insists on reporting the debt to the credit  bureaus, it could affect your scores. Continue monitoring your credit  reports and be ready to dispute the bogus collection account if it  appears. You may be able to sue the debt collector if it persists in  reporting a false debt. You can find more information at <a href="http://debtcollectionanswers.com/">DebtCollectionAnswers.com</a>.</p>
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		<slash:comments>0</slash:comments>
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		<title>Dealing with after-death creditors</title>
		<link>http://asklizweston.com/2011/03/28/dealing-with-after-death-creditors/</link>
		<comments>http://asklizweston.com/2011/03/28/dealing-with-after-death-creditors/#comments</comments>
		<pubDate>Mon, 28 Mar 2011 16:26:10 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Credit & Debt]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[collection agencies]]></category>
		<category><![CDATA[collections]]></category>
		<category><![CDATA[debt collection]]></category>
		<category><![CDATA[medical bills]]></category>
		<category><![CDATA[medical debt]]></category>
		<category><![CDATA[Probate]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2674</guid>
		<description><![CDATA[Dear Liz: My brother recently passed away at 50. He had not held a job in more than 10 years and was single with no kids and no bank accounts. Basically his only asset at death was his bedroom furniture. My parents paid his health insurance and living expenses to ensure my brother had some [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> My brother recently passed away at 50. He had not held a  job in more than 10 years and was single with no kids and no bank  accounts. Basically his only asset at death was his bedroom furniture.  My parents paid his health insurance and living expenses to ensure my  brother had some quality of life. Since his passing the bills from the  medical providers are starting to get routed to my parents. Do my  parents have an obligation to pay my brother&#8217;s bills? How should we deal  with these creditors?</p>
<p><strong>Answer:</strong> Your brother&#8217;s bills are the responsibility of his  estate, not your parents. His creditors would have to be paid if he had  any assets, but in this case they&#8217;re out of luck.</p>
<p>That doesn&#8217;t mean they won&#8217;t keep trying, however. Your parents could  opt to ignore the calls, letters and guilt trips the collectors try to  inflict. Or your parents could talk to a probate attorney who is  familiar with the laws of the state where your brother died. The state  probably has some kind of simplified probate that would allow your  parents to legally resolve these bills and put an end to collection  activities.</p>
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		<item>
		<title>Fighting an aggressive collection agency</title>
		<link>http://asklizweston.com/2011/03/22/fighting-an-aggressive-collection-agency/</link>
		<comments>http://asklizweston.com/2011/03/22/fighting-an-aggressive-collection-agency/#comments</comments>
		<pubDate>Tue, 22 Mar 2011 15:09:42 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Credit & Debt]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[collection agencies]]></category>
		<category><![CDATA[collections]]></category>
		<category><![CDATA[debt collection]]></category>
		<category><![CDATA[Debts]]></category>
		<category><![CDATA[Fair Debt Collection Practices Act]]></category>
		<category><![CDATA[mortgages]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2654</guid>
		<description><![CDATA[Dear Liz: I had a mobile home that was repossessed in 2003 after I was unable to make the payments. In 2005, I was contacted by a debt collector saying that I owed $20,000. They were very aggressive and threatening, saying that they could sue me. I told them I did not have that money, [...]]]></description>
			<content:encoded><![CDATA[<p>Dear Liz: I had a mobile home that was repossessed in 2003 after I  was unable to make the payments. In 2005, I was contacted by a debt  collector saying that I owed $20,000. They were very aggressive and  threatening, saying that they could sue me. I told them I did not have  that money, and they kept harassing me, telling me that I could borrow  it from my bank. I finally agreed to send them $50 a month. I just  received a letter stating that I have not met my contractual obligations  and if I don&#8217;t take care of the balance, I could be sued. This  surprised me since I had been sending $50 a month. I called them and  they demanded the full balance, about $17,500. I asked them if they  would settle for $5,000. They said no. To settle for any amount, they  said I would need to send them two months&#8217; worth of bank statements, my  last two income tax filings and my last two pay stubs. I said no because  I really didn&#8217;t think they needed all this information. They said that  anyone who refuses to send these details usually has the money to pay.  Now someone at work said that since I sent them $50 a month, I  inadvertently reopened the statute of limitations (the existence of  which I was not aware). So all in all, I really don&#8217;t know what to do.  It seems I did everything wrong.</p>
<p>Answer: So you&#8217;re surprised that a  &#8220;very aggressive and threatening&#8221; collector suddenly changed the rules  on you? It&#8217;s time to wise up and realize you&#8217;re not dealing with an  ethical company.</p>
<p>You need to make an appointment immediately with  an attorney who is familiar with the credit and collection laws of your  state. You can find a referral through the National Assn. of Consumer  Bankruptcy Attorneys at <a href="http://nacba.org/">http://www.nacba.org</a>. Many of these attorneys offer free or discounted initial sessions.</p>
<p>All  too often, rogue collection agents violate federal and state fair debt  collection practices  by threatening to sue when they have no intention  of doing so or when they are legally barred from filing lawsuits. Your  state&#8217;s statute of limitations limits how long a creditor can sue over a  debt. In some states, people who lose homes to foreclosure also are  protected against lawsuits over any remaining mortgage debt.</p>
<p>But  your payments may well have extended the statute of limitations under  which the collector would be allowed to sue you. That&#8217;s why you need an  attorney to advise you. You also might want to consult <a href="http://debtcollectionanswers.com/">DebtCollectionAnswers.com</a>, a site run by debt expert and consumer advocate Gerri Detweiler, for more help in dealing with collectors.</p>
<p>You  were smart not to send the financial information they demanded, because  none of that is necessary for a settlement discussion and because the  data could easily be used against you. If they&#8217;re unethical enough, they  could use the bank account information to raid your accounts.</p>
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		<title>Collectors can&#8217;t reset the clock on old debt</title>
		<link>http://asklizweston.com/2011/01/10/collectors-cant-reset-the-clock-on-old-debt/</link>
		<comments>http://asklizweston.com/2011/01/10/collectors-cant-reset-the-clock-on-old-debt/#comments</comments>
		<pubDate>Mon, 10 Jan 2011 17:13:59 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Credit & Debt]]></category>
		<category><![CDATA[Credit Cards]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[collection agencies]]></category>
		<category><![CDATA[collections]]></category>
		<category><![CDATA[Credit Bureaus]]></category>
		<category><![CDATA[Credit Reports]]></category>
		<category><![CDATA[debt]]></category>
		<category><![CDATA[debt collection]]></category>
		<category><![CDATA[Debts]]></category>
		<category><![CDATA[fair credit reporting laws]]></category>
		<category><![CDATA[Fair Debt Collection Practices Act]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2518</guid>
		<description><![CDATA[Dear Liz: What can I do to get credit card debts that are over 7 years old off my credit reports? I have at least three accounts that are 10 or more years old, but the collection agencies keep selling the accounts to other collectors who report the accounts as younger than they are. Answer: [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> What can I do to get credit card debts that are over  7 years old off my credit reports? I have at least three accounts that  are 10 or more years old, but the collection agencies keep selling the  accounts to other collectors who report the accounts as younger than  they are.</p>
<p><strong>Answer:</strong> The collection agencies are violating  federal credit reporting laws. Negative information such as charged-off  accounts and collections are supposed to be removed from your credit  reports seven years and 180 days after the account first goes delinquent  (typically when you miss your first payment). Collection agencies are  not allowed to &#8220;reset the clock&#8221; when an account is sold.</p>
<p>You can  dispute these accounts with the credit bureaus, but the reselling and  illegal reporting may continue. If it does, you will need to contact the  collection agencies directly and tell them to stop. If they refuse, you  may need an attorney&#8217;s help to get them to mend their ways. You can  find a lawyer familiar with credit reporting laws through the National  Assn. of Consumer Advocates at <a href="http://naca.net/">http://www.naca.net</a>.</p>
<p>You  might think that paying the bills would help, but you really don&#8217;t want  to deal with a collector so unethical that it would change the date on a  debt. Such a company is unlikely to deal in good faith, and you don&#8217;t  want to give it any ammunition to do you further harm, such as access to  your bank account (which it could have if you wrote it a check) or even  your phone number, since it may start harassing you.</p>
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		<title>What to do about an old debt</title>
		<link>http://asklizweston.com/2010/11/22/what-to-do-about-an-old-debt/</link>
		<comments>http://asklizweston.com/2010/11/22/what-to-do-about-an-old-debt/#comments</comments>
		<pubDate>Mon, 22 Nov 2010 20:28:47 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Credit & Debt]]></category>
		<category><![CDATA[Credit Scoring]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[collections]]></category>
		<category><![CDATA[Credit Reports]]></category>
		<category><![CDATA[Credit Scores]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2426</guid>
		<description><![CDATA[Dear Liz: I spent the last five years rebuilding my credit to where I am able to qualify for any credit I need. Recently, however, I have been getting denied for credit even though my balances are low and I have never missed a payment. I checked my credit reports and saw that an old [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> I spent the last five years rebuilding my credit to where I am able to qualify for any credit I need. Recently, however, I have been getting denied for credit even though my balances are low and I have never missed a payment. I checked my credit reports and saw that an old cell phone bill from 2004 has resurfaced with a collection agency that just reported me this July. Should I negotiate or just wait for it to fall off?</p>
<p><strong>Answer:</strong> If the collection agency is pretending the debt is new, it&#8217;s breaking the law. It should be reporting the date when the account first went delinquent, and the black mark should fall off your reports seven years and 180 days after that first delinquency. If you want to speed things up, you could try negotiating to have the collection agency delete the account in return for payment, but make sure you get its promise to do so in writing before you send any money.</p>
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		<title>Capital One: A new low?</title>
		<link>http://asklizweston.com/2010/02/01/capital-one-a-new-low/</link>
		<comments>http://asklizweston.com/2010/02/01/capital-one-a-new-low/#comments</comments>
		<pubDate>Mon, 01 Feb 2010 14:00:49 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Liz's Blog]]></category>
		<category><![CDATA[collections]]></category>
		<category><![CDATA[Credit Cards]]></category>
		<category><![CDATA[Debts]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=1756</guid>
		<description><![CDATA[If you’re tempted to feel sorry for credit card companies, what with all the new restrictions kicking in Feb. 22, read on. Capital One was recently sued by West Virginia’s attorney general for a variety of alleged misdeeds, including sending customers a debt repayment plan disguised as an offer of new credit. (Hat tip to [...]]]></description>
			<content:encoded><![CDATA[<p>If you’re tempted to feel sorry for credit card companies, what with all the new restrictions kicking in Feb. 22, read on.</p>
<p>Capital One was recently sued by West Virginia’s attorney general for a variety of alleged misdeeds, including sending customers a debt repayment plan disguised as an offer of new credit. (Hat tip to Bill Hardekopf at LowCards.com for bringing the suit to my attention.)</p>
<p>Capital One sent the solicitations to people whose balances had already been charged off as bad debt, West Virginia Attorney General Darrell McGraw alleged in his <a href="http://www.wvago.gov/press.cfm?ID=502&amp;fx=more" target="_blank">complaint</a>. Although it looked like a new credit card offer, what Capital One was really offering was $1 of new credit in exchange for the customer agreeing to have the charged-off balance transferred to the new card, McGraw said.</p>
<p>The agreement allowed Capital One to charge interest, late fees and over-the-limit fees on debt that otherwise would have been beyond its reach, the complaint alleges. The agreement also allowed Capital One to re-age the debt, restarting the statute of limitations.</p>
<p>According to a <a href="http://www.legalnewsline.com/news/225249-mcgraw-sues-capital-one?utm_source=feedburner&amp;utm_medium=feed&amp;utm_campaign=Feed%3A+LegalNewsLine+%28LegalNewsLine.com%29" target="_blank">Legal Newsline article</a> by Nick Rees:</p>
<p>&#8220;Capital One&#8217;s practice of offering nominal extension of credit, if and only if, the consumer agreed to pay off a debt too old to be sued on is tantamount to loan sharking,&#8221; McGraw said.</p>
<p>The complaint alleges Capital One also:</p>
<ul>
<li>issued multiple low-limit credit cards, each charging exorbitant fees, rather than raising credit limits on consumers’ existing accounts</li>
<li>unconscionably imposed over-the-limit fees on consumers’ accounts</li>
<li>sold services to consumers who could not benefit from the services</li>
<li>billed and attempted to collect for credit card accounts that were never activated.</li>
</ul>
<p>I’ve made a big fuss about the difference between fair play and foul play, and how often credit card companies crossed the line. But this little scheme may have crossed another line: the one between foul play and pure evil.</p>
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