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Date Opened?


stephlynne
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Nope. Date opened is probably the date the CA took on the account, although it probably doesn't matter. Its the "date of first delinquency" (DOFD) that matters...that's set by the OC and never changes.

Oh, okay, thanks. I don't remember getting a letter from them, but maybe I did. The OC is Target, and they are not even on my CR, only the CA, Asset Acceptance. Aren't the OCs usually on the CR too?

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Target sold the debt to A$$et. Do understand that A$$et is one of the worst JDB's in this country. As to your question, as "willingto cope" pointed out, the DOFD is the most important. If you remember the first time it went delinquent, you will have your DOFD.

If Target had reported the TL, it should show now as being closed with a "transferred or sold" notation. Since they aren't reporting, don't worry about it Do understand the TL can report for up to 7 yrs from DOFD. Your state shows 3 yrs for an "open" account, but, do note the SOL runs from the DOFD, not the original opening of account. You need to know for sure of the DOFD before letting A$$et know you are aware.

Many times A$$et has deleted the TL upon receipt of a DV as they most often do not have the proof necessary. My DW received one from them on a disputed CC. We sent the DV, explained our dispute, and never heard from them again, plus, they deleted the TL. And, we even offered to pay the adjusted amount. The CC was from Providian, do I need to go into detail. Yourself, if you can prove the debt is timebarred, you would include in your letter as to this and that you are aware they have no legal recourse to the debt. Do not fall for their saying that since they now own, the SOL is different. That is total BS.

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You need to know for sure of the DOFD before letting A$$et know you are aware.

Yourself, if you can prove the debt is timebarred, you would include in your letter as to this and that you are aware they have no legal recourse to the debt.

So what can be considered 'proof'? And if I cannot provide proof should I just dispute with the CRA instead? I don't have a dunning letter from them, I just see it on my CR.

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Normal for A$$et in many cases. You can dispute with the CRA's as "not mine". BUT, do understand that one of two things will more than likely happen. One is A$$et will delete and be gone, or, they will make contact. If contacted, make sure their first is the proper initial communication required. And, to add, if you have moved since this happened, forget about claiming violations for their not communicating as required. They only have to claim they sent to your previous, even if a COA was in place and expired. If not, then you have ammo to send them away. We'll address that if necessary later.

As to the DOFD, you need to sit down and recall when you last made a payment. Then you would add the time for the next billing rotation to arrive at the DOFD. Such as, if your due date is the 2nd, and you last paid on June 2nd, then didn't pay on July 2nd, that would be your DOFD. Normally you would add approximately 5 months for a 6 month charge off and sale, but, some CC's now charge off and sell within 90 days. This happened to my niece with Sears. She began her teaching career, and, having left a different job, the transition caused her to be late. Then, playing catchup, she found Sears had closed, charged off, and sold. All within 90 days.

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Did you have a checking account in which you made your payments from? If you used MO's, do you recall where you bought them? If a checking account was open, contact the bank to see if they can, or wil, send you copies for that period. If MO is involved, contact the company and ask if they can send you copies of all MO"s you purchased in that time. Do realize most MO companies will charge for this. Many banks also charge, but, usually it is nominal, though some will charge up to $3.00 per page. And, I'm sure you may have a box somewhere that may contain records of some sort buried in your closet or storage area.

Send off your dispute to the CRA's. Once you get the results, let us know for the next step, if necessary.

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Before you do that, contact the bank and see if they still have it available. Don't quote me, but, I think some institutions hold paper available for a few years before archiving. Either way, a simple phone call may make things easier.

If they are unable to, the next thing is to decipher your CR, or just send the DV and claim you do not recall ever having an account with the OC. Sometimes the response will have the dates you need. If you do pursue in this matter, do not, for any reason, bring up about the SOL. That is your last thing right now. Why is if you give them a head's up, they could easily alter or reage the debt, and, with you not having proof of age, you will lose. And, it is not illegal for you to claim you do not recall the account. What you are dong is forcing them to prove you did, and, how else can they unless they come up with paper, such as the last statement you paid on, or first statement you were late.

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