Legal Question in Credit and Debt Law in North Carolina
In April 2010 I got my credit report and made good on everything on my report except one credit card. When I contacted the debt collector they said they could not accept payment because the account was "cleared and closed" I argued with them. I called every day for a week and was told them the same thing. I then called the credit card company and spoke to them and even spoke to their legal dept. I insisted that I owed this and could make a payoff or pay the full amount at that time. I basically begged them to take my money because it didn't feel right when they kept saying it was a closed and cleared account and they couldn't accept payment. I have since used the money on things that needed to be fixed in my home. Tonight I received a call from the credit card company saying I needed to pay this debt. I explained that I had tried repeatedly to pay this debt and they refused payment. Do I owe This? Confused in NC
1 Answer from Attorneys
You have messed this up by trying to do this without the benefit of legal advice. You do not indicate how long the default has existed or whether the statute of limitations has expired. By calling and admitting the debt you may have revived the debt.
Negative information can only stay in your credit file for 7 years. Unless you were trying to buy a house or something I don't know why you "had" to get this resolved. Correct information will not generally be removed from your credit report anyway except in rare circumstances, although the debt will be marked as paid or settled if less than the full amount is paid.
Yes, you still owe the debt. What makes you think that you would not? There is such a thing as a defense to a debt called a tender. However, a tender offer must be made in writing, for the full amount of the debt and it must be made to whoever owns the debt now. This may be a junk debt buyer, not the original credit card company if the debt has been sold. The credit card company may have been truthful when they said that the account was cleared and closed.
Since you have now admitted the debt, wait for the next call. Do not pay a dime until you get an agreement in writing as to what, if anything the creditor will settle for, the current balance now, both the original credit card number and the creditor's reference number if this is a debt collector or junk debt buyer, how the debt will be re-paid. It can be in a lump sum, a down payment or in a combination with a down payment and the balance over a term. keep the payments affordable and try to make the remaining payments in 6 to 12 months.