CA Reaging 7yr old debt. Kinda Long

[luckysurvivor]

Two years ago I found this site. What a great site. In 10-2002 I refinanced property after I pulled all credit reports and managed to get a lot cleaned up thanks in large part to what I learned here.

At the time I had many many collections and charge offs. For 7 years I had never answered the phone or letters or talked to any CA. I was never sued by anyone and I went to the court house and checked for any judgements and there are none. I was extrememly blessed because it was for many thousands of dollars on each one. They were all credit cards. The SOL expires after 3 years in SC.

I had charge offs and collections that were over 7 years old based on DOLA. I disputed to the CRA's these were reported incorrctly and should be deleted. I lost because the CA told the CRA's the dates they were reporting were correct and I was wrong. Today these CA's are still haunting me and the CA's are reaging the collections. The OC charge offs are no longer on the reports. In one case the CA known as (FAN dist) sent me an "affadavit of assignemnt " saying they owned the debt.

I have in my possession CR's pulled every 6 months since OCT 2002 that show what the CA's reported then versus what they report now.In addition I have 7 years of OC and CA statements and letters to prove DOLA if needed.

I pulled my CR in OCT 2004 and notice 90% of old collections and charge offs have fallen off but there are 3 CA reaging and still show on my CR.

I am not sure weather to dispute with CRA's again or to dispute with the CA's. I am not sure what type letter to use or documention I should divulge. I have got to find a way to get these monkeys off my report.

Sure would appreciate some suggestions. MANY MANY THANKS

[gprncss]

DV these CAs! If you have not done that already. Remind them of the violations they are already in by re-aging the debt and your intent to sue them if they don't delete the TL immediately!

If you have already DV'd them, send them an ITS letter and follow through with it!!!File a complaint with the FTC, your state Attorney, their state Attorney, ACA (if they are a member)!!

Shoot a letter CMRR to the CRAs pointing out the fact that these TL are over 7 years old and are re-aged. Make sure you list the CR #, the Dates from the 1st DOLA to the last that shows the re-aging. Remind them that they are an accessory to reporting false information, (look in the sticky section for won cases such as yours), quote all the laws they have broken, add the won cases for more power. demand an immedaite deletion!

If you have the DV letters that you sent to the CAs, send copies ot the CRAs asking how they are able to validate something you can't.

When you write the letters, make sure you CC your state Attorney, their state attorney, the FTC!!!!

[bingo]

As the prvious poster suggested, create a paper trail and then sue baby sue!

The FTC is firmly on record about reaging. NCO just paid a 7 figure fine over this sort of thing.

http://www.ftc.gov/opa/2004/05/ncogroup.htm

According to the FTC’s complaint, defendants NCO Group, Inc.; NCO Financial Systems, Inc.; and NCO Portfolio Management, Inc. violated Section 623(a)(5) of the FCRA, which specifies that any entity that reports information to credit bureaus about a delinquent consumer account that has been placed for collection or written off must report the actual month and year the account first became delinquent. In turn, this date is used by the credit bureaus to measure the maximum seven-year reporting period the FCRA mandates. The provision helps ensure that outdated debts – debts that are beyond this seven-year reporting period – do not appear on a consumer’s credit report. Violations of this provision of the FCRA are subject to civil penalties of $2,500 per violation.

The FTC charges that NCO reported accounts using later-than-actual delinquency dates. Reporting later-than-actual dates may cause negative information to remain in a consumer’s credit file beyond the seven-year reporting period permitted by the FCRA for most information. When this occurs, consumers’ credit scores may be lowered, possibly resulting in their rejection for credit or their having to pay a higher interest rate.

[luckysurvivor]

qprncss and bingo,

Many thanks for the insight.

I must have a misunderstanding of DV. I interpret the law to say you only have 30 days from the date you receive a letter or correspondence from the CA or OC in which to require a DV from the offending parties. I have not recived any correspondence in a long time. Because of this interpretation I have never done a DV to a CA or OC.

Is there a form letter to the CRA or OC or CA that someone may have written that addresses specific situations such as mine and quotes the specific laws in violation. I know this must be a common problem.

Thanks

[bingo]

It's my understanding that you may demand validation at anytime. If you don't do so within that 30 day window, the collection agency may assume the debt is valid and continue to collect.

Do some reading here on the FDCPA and the FCRA plus, debt validation. There are links at the top of this page.

You may well want to get a lawyer to pursue this if they don't fix it damn quick. You may well have some nice damages.

www.naca.net is an organization of consumer lawyers. See if one is nearby.

[efish]

After reading the above posts this is my suggestion, I didn't see it above so I apologize if I am repeating. If you have the documents in your hands that show how they have been reporting then make a copy, make a copy of the DOLA from the OC, either send a letter with all of this documentation demanding a deletion or you can go t o your local credit bureau. In my town, we have a local credit bureau and I went in with some documents that I had to clear up and I got a real person and they deleted it on the spot, they even give you a new copy of your report for free in 30 days or whatever. Look in the yellow pages under credit bureaus or in the white pages under credit bureaus. I found working with a real person, was very helpful, you can even play the sympathy card. Try it. If you got the proof, you have it and they are done!