Illinois and Restrictive Endorsement

[Illinois]

Hi all, like everyone else has been saying there is great information being shared here. I have read most of the posts but still have a question. I apologize up front for the long post .

I ran my CR for the first time in probably 5 years, bad I know. I have a single closed by customer account with the gas company that was sent to collections for a whopping $81. The short story is it was the last partial month amount due and I did not know about it. They sent the bill to a closed PO Box. They then 'transferred or sold' the account to Harris according to the CR with a last reported delinquency of 05/2007. I have not been in communication with Harris, but I suspect that the 5 calls a day I am now receiving from a computer with hang-ups or a recorded message to call is them. An 877 number and no name, the message also does not identify them either.

I did an on-line debt verification with the CRA's and the gas company replied stating the account, amt remaining and being sent to collections was valid. I got nowhere there.

I called the gas company for an explanation, at which point they said I should just pay them and they would NOT pull the account back from the CA nor would them remove the derogatory comments. I explained they sent notice to a closed PO Box (they told me where they sent it) and they said it was my problem. I spoke to a manager and they said the same thing, my problem. I did not admit the debt was mine, just said what can we do to settle this reasonably and fairly. No go.

I live in Illinois so Restrictive Endorsement is not honored here which takes the bite out of the Pay for Delete letter. I have no problem paying $81, I just want their signature with an agreement to remove the derogatory comments and pull the debt back from the CA and remove them from my CR as well. As suggested, I could sent the letter anyway and hope, but the gas company does not want to budge.

It has also been suggested not to dispute CO’s that are still within the SOL as you could be sued.

So here’s where I stand:
1. On-line debt verification with the CRA's with a valid response.
2. Phone calls with the gas company customer service and Manager being told my problem. I was given the phone number of the corporate office of the holding company for the local gas company, who by the way does not make appointments or take calls in this regard.
3. I believe a CA, Harris per my CR, has been computer calling me and I have not called them back yet and they do not have my mailing address.
4. Restrictive Endorsement is not honored in Illinois so no Pay for Delete
5. The gas company said I could pay them over the phone ( I did not), I don’t know yet if they would keep it or pay the CA or who 'owns' it.
6. The account is still 5 years within the SOL making sending a DV letter to the CA risky.
7. As soon as I contact the CA with a DV letter, I feel (rightly so?) that the clock starts not in my favor and I’m holding the weakest hand with no recourse.
8. The rest of my CR is perfect and I have never had a problem with debt or getting approved for mortgages or car loans.

Do I roll the dice and send the CA a DV letter and try GW letters to the gas company and hope for the best? Does the clock start and limit my time to nicely harass Peoples Gas into changing their unwavering policy of enthusiastically damaging my credit because they can. It appears they own me.

[Trish]

How old is this debt?

I wonder if you are talking about Mel Harris.......Yuck
If so: Bud Hibbs Helps America Hold Debt Collectors to the Law!
It sounds like the OC is reporting this (right?) I honestly do not understand why they are refusing to recall it from the CA. They have the power to do it........the CA doesn't own the debt.:confused: (oh and you may want to see if the CA is even licensed to collect in your state)

Even if this debt is within SOL, I would not worry about being sued over $81. That is a very small amount and not worth their time.
It sounds like the people at the OC were rude. Is it a large company? Possibly another manager you could speak to?

One thing you should have done (and that you still may be able to do) is dispute via certified mail.. Disputing things online is just not the best way. It is all done electronically......it really does lessen your chances of getting things deleted.

Another thing......now that you've disputed with the CRAs, go ahead and send the OC a debt verification letter

Let them send you some proof of your debt. While you are doing that, dispute it again with the CRAs again by certified mail (handwritten if possible).
And for that amount (and this is just my opinion), I would send the CA a FOAD letter........telling them you won't deal with them and will only deal with the OC. There is a sample of one in the dispute letters thread.

[Illinois]

Thank you for your reply Trish, your fast! According to the CR is was handed off to Harris, according to the address it is a company called Harris&Harris started here in Chicago in the 60's so probably not the same individual.

Yes, the OC reported to the CRA's. Both the OC and the CA show up on the CR.
Harris is listed as Open, and it has an opened date of 09/2007 (transferred from Peoples Gas).

Peoples Gas is closed.

I'm not worried about being sued for the $81, would be a waste of everyone's time. I want to make sure I'm not setting myself up for something I don't understand.

I will:
1. Dispute via handwritten CM letter the CRA's.
2. Send a debt verification letter CM to the OC, Peoples Gas.
3. Send a FOAD letter CMRRR to the CA, Harris.
4. Determine on my own, if I can, whether the CA, Harris is licensed to collect in Illinois.
5. Dispute via handwritten CM letter the CRA's, again.


If I don't send a debt validation letter CMRRR to the CA, Haris but a FOAD letter instead, I'm not sure how I will be able to determine if they own the debt or if the OC, Peoples Gas just has them collecting for them. I could request that info from the OC.

Peoples Gas, to answer your question, is the epitome of everything that could go wrong with a public utility. The Attorney General basically lives in their corporate office and the Citizens Utility Board has to watch their every move. The people, well, I have nothing nice to say. They will let you freeze to death through their own inept actions. You can feel how miserable they are when you talk to them on the phone and they really, really don’t care about you. Worse then the DMV!

[Illinois]

Also, would sending GW letters to Peoples Gas up and down the corporate hierarchy at the same time as the steps above help?

[Illinois]

Sorry, one last. Trish you mention in a few of your 1 2 Punch messages that you should send a DV to the CA CMRRR and when you receive the receipt dispute with the CRA which starts in motion the CRA notifying the CA giving them 30 days to verify the debt and they must verify it with me first or else it must be deleted. It seemed you implied that I avoid them for 30 days, forcing their hand. If I send the FCAD letter to them they will now have my address and be able to contact me. It's hard to avoid them when I'm helping them find me. Currently, they have not attempted to contact me by mail.

[Trish]

Ok.....I didn't realize they were both reporting. That does make a little difference.
It would be a good idea to call the OC one more time. You could always try talking to someone else.....and asking again if they will recall the debt. If they say no, then ask them...."has the debt been sold? or is it just assigned to Harris & Harris?"
I kinda doubt it's been sold.......for one, it's a pretty recent debt, and two the OC said you could pay them (they cannot take the money if the CA owns the debt). If they say it's assigned.......then ask for the person that has the power to recall it........because someone sure the hell does.
If they are still going to be obnoxious about it......then go ahead with steps 1 & 2. Instead of a FOAD letter (darnit), since the CA is reporting too.....it would need to be a DV/1 2 punch - you are right. If they have not contacted you by mail yet.....make it a "unknown debt" letter w/a limited cease & desist. (if you can't find a sample, let me know). Then you don't have to worry about them calling you........or well if they do they're in violation.

So call the OC and see what you can find out. .....and then let me know.
A GW letter to some one with some pull might be a good idea. It never hurts to try. You can do that too.

OH......and I checked with your state's licensing website and Harris & Harris IS licensed to collect in Illinois. Thank God it's not Mel Harris you're having to deal with.

[Illinois]

your a gem Trish!

I'll send the letters out tomorrow.

[Trish]

Good.
Keep us posted.