MR CJ Posted August 1, 2005 Report Share Posted August 1, 2005 I pulled a 3 reports and this is what I found:I had a Charge off in the 1990`s...Experian is reporting it last reported 11/1999 and charged off 11/1999. I know that that account was chrged off before that date. Also they are reporting a collection with a CA named Schreiber and Assoc. for a Citibank account that says Date opened 07/2002...I never opened that account at that date....I stoped paying on it back in 1997 or 1998...is this re-aging??? How is the best way to dispute it. Transunion does not show any of those TL and Equifax just shows the charge off still 7/1999 NCO had the CO for a while and I told them where to stick it, and the Citibank account doesnt show a charge off. Are they supposed to charge off a account after it is 180 past due?? Link to comment Share on other sites More sharing options...
breathing_easier Posted August 1, 2005 Report Share Posted August 1, 2005 I pulled a 3 reports and this is what I found:I had a Charge off in the 1990`s...Experian is reporting it last reported 11/1999 and charged off 11/1999. I know that that account was chrged off before that date.Do you have records that reflect the date it was charged off? Have you disputed this TL in the past with the CRAs? If not, then first dispute with a simple "Not Mine." If the OC verifies then dispute again (using your own letter sent CMRRR...the form that the CRAs provide is not sufficient for most disputes, nor is the online form unless you have a dispute that neatly falls into the categories those forms provide).Also they are reporting a collection with a CA named Schreiber and Assoc. for a Citibank account that says Date opened 07/2002...I never opened that account at that date....I stoped paying on it back in 1997 or 1998...is this re-aging???Sounds as if you stopped paying on the OC's account in 1997 or 1998 and then the account was sold to a JDB. The JDB does have the right to report their account as opened when they purchased the debt.How is the best way to dispute it.Did you ever DV this JDB? If not, then you need to DV them ASAP. Once you receive your return receipt (green card) back from the post office immediately dispute the TL with the CRA(s). If it comes back "verified" then you know that either the JDB has verified a debt with the CRA(s) that it hasn't been able to yet validate with you (a violation of the FDCPA) or the CRA did not actually verify the account with the JDB (a violation of the FCRA). This is affectionately called the "1-2 punch."Are they supposed to charge off a account after it is 180 past due??Yes. Link to comment Share on other sites More sharing options...
MR CJ Posted August 1, 2005 Author Report Share Posted August 1, 2005 Thanks Breathing for the reply..but raises a few more???? 1.The charge off is from Bank One, witch is no longer, will it be harder for them to verify the TL?2.I have not heard from the CA on the Citibank account, will me disputing raise their eyebrows? Link to comment Share on other sites More sharing options...
breathing_easier Posted August 1, 2005 Report Share Posted August 1, 2005 Thanks Breathing for the reply..but raises a few more???? 1.The charge off is from Bank One, witch is no longer, will it be harder for them to verify the TL?It might, but I couldn't say for certain. I believe, however, that a few of my negative TLs were deleted because the OC had changed hands and the CRAs most likely didn't receive a timely response from the new OC.2.I have not heard from the CA on the Citibank account, will me disputing raise their eyebrows?That's a judgment call on your part. If you want the CA's negative TL deleted from your reports then you will have to at least dispute the TL with the CRAs. Have you ever been contacted by the CA in writing or by phone? If they simply put the negative TL on your reports without sending you a letter within five days citing the mini-miranda then the CA has violated the FDCPA. Disputing the TL with the CRAs or DV'ing the CA may wake a sleeping giant; however, if you keep track of their FDCPA violations you will have a wonderful counterclaim should they sue you. If you're so inclined, you can always sue them first for the violations. As part of any settlement agreement you can demand that they delete their negative TL, refrain from any further collection activity, and that they not be allowed to sell the debt to another JDB. Link to comment Share on other sites More sharing options...
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