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re aging accounts?


cntrymom925
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Hi all,

It looks like Capitol one and Providian have tried to re age my past due accounts for instance EX reports capitol one with a date/status last reported of 4-2002 and then again 10-2004 underneath

cross country bank does it too, 8-2001 and again underneath 7-2004

EQX does it with providian date of last activiity 9/2001

and next to it date maj. del, 1st rptd 5/2004. Is this legal or are they violating FCRA 605 © and what do i do about it?

Thanks all!

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They're legal.

The status represents the DOLA in most cases while the last reported refers to when Crap1 last updated the TL.

As to the EQ, it is also legal. They refer to the DOLA while the other is referring to the first time they reported the delinquency.

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So, like hoping retmar will jump back in here.

If you're in North Carolina and the DOLA is prior to 10/2001 then all these credit cards are past the SOL. They're uncollectible!!!

But What State DOLA applies here, NY or NC. DEBT was incurred in NY

can dispute with CA's through DV but what about OC?

Thanks!

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date/status last reported of 4-2002 and then again 10-2004 underneath

Status date is NOT re-aging. Had you disputed this with EX recently ?? EX does do something totally stupid, when you dispute they update the status to the date you disputed it. You need to call EX and find out what the date of 1st delinquency is.. that 'date certain' that all creditors MUST report per the FCRA.

The ONLY thing that constitutes re-aging is attempting to change that DOLA of the original creditor, so CCB might be in violation. Again, call EQ and ASK what they show as that 'date certain'.

SOL - 3 years in NC and if you are sued and need the SOL defense, it will most likely be in NC and NC law is what the judge is going to be concerned with.

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Usually on your EX update, they will include in the far right column of the TL, the month and year the TL is to be deleted, then subtract the 7 years. On EQ, you can use the DOLA and add. You will have to call TU to find out. Once you have those dates, then you can determine if they reaged anything. The way you described it tells me they are all legal. Remember, the only date that you would check for reaging, if different from original, is the date of first delinquency. If you know for a fact, it was on 11/01, and the reporting party says 11/02, then you have a reaging.

As to the SOL, the answer is YES, the debts are timebarred if the State law says so. As Lady pointed out, the Judge would recognize NC before NY. It is said the OC/CA has the option of using the longer of two SOL's, but, they can't sue you where you don't live. That is the easiest way to figure it, especially with a CC, as more times than not, the consumer does not live in the same State as the CC OC.

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