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Providian Changed Date of Last Payment


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I searched for this and could not find it on here. My wifes Providian card had a last payment of 11/04. Date of last activity is 11/04 also. Now on the credit report it shows it having a last payment of 9/05. There have not been any payments since 11/04. But it is still showing date of last acitivity of 11/04. What can I do about that. I thought I read that the SOL on credit cards only goes by Date of Last Activity but I have always known it as last payment. If there is something fishy about the date of last payment change tell me what I need to do please.

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Is there anything that I can do to get the Date of last payment changed back to the real last payment date. Obviously they are trying to extend the SOL. I have all my past bank statements showing all the payments I made up until 10/04 and none afterwards.

I have been sending DV letters to all collections agencies and they go away and a new one comes along. The SOL for my state is 3 years. Its already been over a year.

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The 7 year reporting period is determined by the DATE OF FIRST DELINEQUENCY that immediately preceeded charge-off or placement for collections. That date MUST be reported by the creditor per the FCRA.

The SOL starts with first delinquency too, or when the account first went 30 days late and no payments were ever made again. Date of last activity is typcially last payment, and the delinquency would start 30 days later.

If you have PROOF of the last payment, and can show no other payments were ever made, then you need to take that up with Providian by disputing directly with them as is your right under FACTA.

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Hard to prove a negative.

Also, the SOL starts at the first negative action, so reporting 30day late for the first time. And keeps ticking unless you act to bring the account "current". Most of the subprime CCards shoot themselves in the foot by switching you to internal collections at first default, and requiring full balance, etc. But case law seems to indicate SOL doesn't reset with a "payment", only with a payment that would indicate clear intention to payoff the full obligation. So one more minimum payment on an acct a couple months later, or some other small payment wont restart the SOL.

So they prolly list the first 30day late in your extended CReport for the TL, this is the starting point for the SOL. It's also the starting point for the 180 day counter to statutory ChargeOff. If ChargeOff is listed after what would be 180 after 1st deliquency of an acct never substantially brought current, then it's a FCRA violation... "False/misleading representation"... and follows as a FDCPA violation for a "false/misleading statement on a debt collection communication".

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Edited by uwackme
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