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technicallity question


peachjuteux
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i asked before about disputing a cc account on my CR due to reaging the date of first late being 2 years off.it was suggested i wait and I agree.plus the acct numbers dont match either. this account is now charged off and I have no idea who will get the collection account. Guess i will deal with that when it occurs. havnt gotten any letters or calls about it- but on the CR's its listed as charged off.

However since the OC stays on my reports for 7 years, can i go after them (the OC)after its been taken over by a CA for the reaging???? are these the right violations?

ofcoarse if i do dispute any collection agency who gets it and do teh 1-2 punch and I fail, can I sue the OC?Im so mad because its blatant reaging and i have the statements to prove it! this really gets my goat! sorry to rant. I see more in violations the OC has done than they CLAIM I owe them!

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THe OC has done both the following as I see it!

SUE

WHO:Creditors or collection agencies, and credit bureaus if they try and “Re-age” your account by updating the date of last activity on your credit report in the hopes of keeping negative information on your account longer

WHY:Consumer protection afforded by the FCRA

LAW:FCRA Section 605© Running of the reporting period

AMOUNT:$1,000

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WHO:Creditors if they report your credit history inaccurately

WHY:Defamation, financial injury

LAW:Precedent/Law US Court of Appeals, Ninth Circuit, No. 00-15946, Nelson vs. Chase Manhattan

FINE:Fine Extent of damages incurred by the wronged party as deemed by the courts

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The new amendments to the FCRA (FACT Act) puts more of a burden on furnishers of information to correct incorrect reporting to the CRAs.

If the account number showing on your CR is not one you have ever held, you should dispute it to the CRAs and the furnisher as not yours with a blunt statement that you have never had an account with that number.

For the re-age one, if you have all the documentation to support that claim, such as two credit reports with the dates being different, that is an FCRA violation and you should just get a consumer protection lawyer to sue them.

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thank you so much.... Im just not sure how to go with all this stuff- i think i just dont know how to read these credit reports right.

1. i have sherman on reaging-if its illegal to change the open date -i thought the CA had to use the same date open as the OC if it was a charged off purchased acct? am i wrong?

they have been raising the balance on this since it was charged off in nov 2003- can they do that?

2. i have jeff. capital on reaging-same as sherman on open acct info?? and the account # jeff cap is referring to on the report isnt right either- its off by a few digits.

3. I have Visa sending me post cards (illegal? I got 3)is there a time limit on dealing with those?

4. I have another credit card company reporting my first late 11-04 when i have statements to the fact it was 5-2001

5. I have both sherman and jeff. capital who bought the charged off cc accounts- now listed as installement on the 3 credit reports when they were revolving with the original creditor. thats illegal ?

6. I have sherman who seems not to want to accept a CRRR letter...grrr

7. i have a collection agent taped on my answer machine yelling at me.

8. i got the same agent telling me that a group of lawyers hold this acct and Its in my best interest to pay it or it could go to the legal dept..

9. Ive got a CC on my reports with the wrong acct number and wrong lates. grrr.

this is funny- i had someone calling and hanging up on my machine every 30 minutes from 8 am til 9 pm since last november,7 days a darn week! but since i sent off a certain validation letter to a certain CA- the hang up completely stopped. think i know who was doing it now! haha

10. and Now im out of coffee- and thats theyre fault too!!

got to laugh at this sometime or it drives me nutz!

i know theres stuff i missed- was wondering if it was easier if i just posted all my credit report stuff and had someone help me go over it?? i have to get control of this...

sorry to rant-

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correction- i was typing too fact and missed something

this is incorrect:

4. I have another credit card company reporting my first late 11-04 when i have statements to the fact it was 5-2001 --incorrect-

what i have is them reporting first late as 11-2003 on all 3 credit reports-

what i have to support that is false is the statement dated 1-18-02 and a note LATE PAYMENT CHARGE ON PAYMENT DUE 01/13/02 for 29.oo -so infact i was late on my 12-2001 payment- that would be the first late? dont i need to be looking at the first late to also determine the SOL, incase i have to go that far?

is this enough proof that they are fraugulant on the claim of first late of 11-2003?? i have more late notes on statements well before 2003 but that is the furthest back one i could find- so far - im still looking..

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OK things get a little muggy when you start talking payment dates, so let me clarify.

Statute of limitations begins on the 1st day of delinquency, usually date of last payment+30 days.

If an account goes more than 90 days without a payment the federal accounting provisions (FDIC) say the creditor must charge it off as bad-debt ("charge-off").

Once an account is charged off, the charge-off is the last activity on the account.

A creditor can continue to update your tradeline as far as past due time and charge off status but they cannot alter the date of last activity.

Sherman is well-known for reaging accounts and that does appear to be what has happened here. Most consumer protection lawyers will review your info at no charge and even represent your interests at no cost to you (because the CA has to pay your lawyer bill if they loose).

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ahhhh-

"If an account goes more than 90 days without a payment the federal accounting provisions (FDIC) say the creditor must charge it off as bad-debt ("charge-off"). "

visa (us bank) waited 8 months before charging off- that reallt racked up the late charges and other fees.last pmt was dec 2003. and they just sent a charge off letter 3days ago.

on my Tu report it lists maximum delinquency of 90 + days occured 9-2001 - is there anything to this?

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