SOL and Reaging issue with Harvard Collections - for ComEd

[Vote4Pedro]

What is the name of your state? Illinois

Harvard Collections is illegally reporting an alleged ComEd debt from mid 1997. I know that I paid this electric bill every month when I lived at address, but I have no proof now as all files prior to 1998 (along with many personal possessions) were stolen when I was on vacation. However, I have spoken to ComEd AND to Harvard Collections and they both told me that the date of last activity was in July of 1997.

When I confronted Harvard Collections with this, they responded that ComEd can and does keep items on credit reports for 10 years and it is legal.

When I disputed this item with Trans Union, they deleted it from my report, but Equifax and Experian are refusing to delete the item because they claim Harvard has verified the information is being reported correctly.

The CR agencies write that I should contact Harvard directly in the future. Obviously, Harvard hasn't done anything they way they're supposed to. I contacted them in writing about this debt AND about their collection practices. They haven't verified the debt to me. When I spoke to them on the phone, two different people offered to take post-dated checks and they also told me that they know that ComEd can continue to report to CR agencies for 10 years so that this bill will continue to be reported for that long. There were other questionable collection tactics used as well.

I know that I could sue them for incorrectly reporting this item and for reaging the account to keep it on report longer; but I'd rather not go that route. However, I do want the item off of my credit report. Any advice?

Thanks.

 

[cmorris]

This should already be off your reports! On your CR, what is the date of last activity? If it says 1997, dispute (in writing, certified mail, return receipt) as obsolete.

If the company has changed the DOLA, send a validation letter to the CA, asking for proper validation as per the Fair Debt Collection Practices Act. Tell them to only contact you by mail. Send it certified mail, return receipt.

As soon as you get the green card back, send in a written dispute to the credit bureaus, again CMRR. This called the 1-2 punch. It puts the CA on a 30 day timeline to provide validation.

If they verify with the credit bureaus before providing validation to you, it is a violation of federal law. If they do provide validation and verify with the credit bureaus, you have them again. You will have proof they reaged the debt. But, since you don't want to sue, you can use the proof to get this off your credit reports.

 

[Vote4Pedro]

Harvard

Thanks. On Equifax it says "Harvard Collections; Collection Reported; assigned 04/2001; Client - Commonwealth Ed;...; Status as of 08/2001 - Unpaid..."

Experian says: "Harvard Collection...date opened/reported since - 4-2001/7-2001...Status: collection account...Account History: Collection as of 7-2001."

However, Com Ed AND Harvard have told me that the account's DOLA was in July of 1997.


How would I go about suing Pro Se if I wanted to go that route? Considering the blatant re-aging and incorrect reporting and refusal to remove item after notification in writing of this incorrect reporting/re-aging; maybe I should sue. I don't know.

 

[cmorris]

Suing is always a LAST resort. I have never sued a collection agency, so I can't personally walk you through the process.

But, you need to get a good paper trail going first. Stay off of the phone and do everything certified mail, return receipt. Do debt validation letters, disputes with the credit bureaus, procedural requests, etc. All CMRR.

Go to creditboards.com and learn more about your rights. Start in the Newbie Section and read until you can't anymore. The credit forum has lots of good information. There are sample letters too. It is fantastic!