MaggieNY Posted January 10, 2005 Report Share Posted January 10, 2005 I defaulted on a credit card in late 1996/early 1997. It is STILL being reported to Experian (only Experian, not the other 2). According to Experian, they have the date of last activity to be 5/27/99 and it will be on my credit report for 7 years from that date (so it will be on my report until next year, until it gets re-aged again, I'm sure). I have disputed this account with Experian TWICE and both times it comes back verified.I'm sending a letter to the company to inform them of this re-aging and request for immediate removal. I don't have any faith that they will remove this and I see I'm going to have to sue them to get this off my report.The problem is, the only proof that I have is an older report from Equifax showing a CA that was collecting on behalf of the OC. They listed the DOLA to be 1/98, which is also re-aged, but this has fallen off by itself in the last month or so. The CA also listed a different account number (they reported their own account #, not the OC's account number). Would this be enough proof to sue them? Even if I use the 1/98 DOLA, it should fall off my report either this month or next month, not next year. So, if this is not enough evidence to sue, any suggestion on where I can obtain the accurate DOLA?Thanks for any help. Link to comment Share on other sites More sharing options...
booger69 Posted January 10, 2005 Report Share Posted January 10, 2005 Is the company RMA by any chance? If you have the OC on an old credit report that lists the REAL DOLA, that may be enough. I am having this same issue with RMA. I also sent a DV to RMA which i am sure they can't validate. Hopefully someone here has more experience and can help you more than I can. Link to comment Share on other sites More sharing options...
Gryffindor Posted January 10, 2005 Report Share Posted January 10, 2005 I've been thinking about this issue a lot lately. I think the only way one could prove reaging is by having proof of the last payment that was sent to the OC. This would be available by a cancelled check/bank statement OR by financial information sent to the debtor in the course of a request for DV.You would then have to show that what they say is the DOLA and what the DOLA really is is different - thus reaged! Remember, it's still illegal to report inaccurate info to a CRA - even if it is a mistake.This is just my take on the whole thing. Hopefully, one of the experts will chime in on this! Link to comment Share on other sites More sharing options...
MaggieNY Posted January 10, 2005 Author Report Share Posted January 10, 2005 This is the OC that I'm dealing with, not a CA. It was so long ago that I don't have the same back account as I did back then and don't have any records from that time. The ONLY thing I have is the DOLA that the CA used on an older Equifax report (which has since been removed). If you go by the DOLA from the CA, the 7 years expires this month. So, could I possibly use that DOLA to sue the OC next month when they don't remove the account from my report? Link to comment Share on other sites More sharing options...
KentWA Posted January 11, 2005 Report Share Posted January 11, 2005 You can sue now, you have an old report that shows a different date, that would be sufficent ground to start the suit. Then during discovery make them cough up ALL the documents on the account. More than likely they are not even going to be able to validate the account then you can file ammended complaint for further damages. Link to comment Share on other sites More sharing options...
gdouglaslee Posted January 11, 2005 Report Share Posted January 11, 2005 I think you're all going about this the wrong way. It is not you who has to prove the account was re-aged, rather it is the JDB/OC that has to prove the account was re-aged, and that can only be done by providing an itemized account history. Link to comment Share on other sites More sharing options...
MaggieNY Posted January 11, 2005 Author Report Share Posted January 11, 2005 I think you're all going about this the wrong way. It is not you who has to prove the account was re-aged, rather it is the JDB/OC that has to prove the account was re-aged, and that can only be done by providing an itemized account history.So, is there a way to get an itemized account history from the OC? I'm assuming that they aren't going to willingly offer me this information since they know they re-aged this account when they verified with Experian twice. Link to comment Share on other sites More sharing options...
Gryffindor Posted January 11, 2005 Report Share Posted January 11, 2005 You'll have to write to the OC and demand verification (a full history of the account). I wonder if you could subpeona one for your court case??? Not sure if this is allowed in small claims or not. Link to comment Share on other sites More sharing options...
MaggieNY Posted January 12, 2005 Author Report Share Posted January 12, 2005 Well, I called Cross Country to find out what info they have. The nice woman told me that this account was bounced between several CAs. Apparently, one of the CAs reported that I made a payment in 1999. It was since recalled back to Cross Country and then sold to another CA. So, they are reporting to Experian the DOLA as the date the CA claimed a payment was made. The lady was confused because it reported a payment of almost $300, yet the balance never went down. Obviously, they re-aged it to mess with my report, couldn't find me (I had moved a few times in 1999), gave up and sent it back to Cross Country.Now what? How can I prove that I never made a payment to this CA? Am I stuck with this account on my report for another year and a half? Link to comment Share on other sites More sharing options...
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