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Over reporting period?


rstan
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Actually, the FCRA says "...last brought current..." so if you were overdue it may even be prior to last payment. And, yes, each JDB is supposed to report the DOLA (date of last activity) based on the OC's TL. Anything else is indeed a violation of the FCRA, but you'll need to prove that. Is the OC's TL still being reported? And, what kind of debt is this?

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Before you do anything, remember that the reporting period for CRAs is not the same as the SOL period for being sued. If you do something to wake these people up....and the amount involved is sufficient...you might get sued.

But...if you're willing to take that chance...send them a "...hey, found you on my reports...I never owed you money...prove to me this is my account or get off my CRs..." kind of DV letter (CMRRR of course). You might also use the 1-2 punch, and dispute with the CRs at the same time using the "no DOLA" on the TL reasoning. If the JDBs don't respond, sue them...if they reage the DOLA...sue them.

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A$$et is one of the main violators of this.

The best I can think of for you to do is send them a full C&D. You will make it clear the debt is timebarred and they have no legal reocurse to this debt. Give them 10 business days from receipt of your letter to delete and go eat Maggot Droppings or be sued. Of course, you will cite all laws that apply. Most important, you will include that even though they now own the debt, the date of original delinquency with the OC is the date used by all to determine SOL. Just because they bought it does not give them the right to alter the dates. If you have any records of this debt that would demonstrate the time frame involved, it would help you. If not, you will have to get it from them. But, you would only do so IF they took you to court. Why, is that you would ask the court to demand they show proof of the debt, including all relevant dates, read 809©.

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I just noticed this same debt is also on ex under Midland. Ive already DV'd them about 3 weeks ago, havent heard anything back. Also pending investigation thru ex due in about a week. I disputed the asset one too when it showed up. I bet ex verifies both of them :x

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If its positive, it can stay on forever...

If its negative, then it stays for 7-1/2 years after it first went delinquent...

Has nothing to do with when or if the OC closed it...

There has actually been an extraordinary amount of detailed work on this issue on CN

The lOOONG story:

The New 7.5 Year Reporting Period

The short story is at: www.awesomecredit.com

The shortest story is simply:

The date from which the 7-year reporting period (7YRP) is measured is;

  • "the month and the year of the commencement of the delinquency
    that immediately precedes a negative action."

And runs for 7 years, NOT 7.5.

The nature of the mysterious 180 days is FLEXIBLE in nature has been well established. The 7YRP must begin at some time WITHIN the extra 180 days, as opposed to starting the 7yrp at the end of the 180 days.

A common misunderstanding though.

: )

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