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How to handle an OC who has clearly reaged the DOLP on their TL

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The DOLP, plain and simple is Nov 2, 2000. There was a small payment made on Dec 4,2000, but it had been due on Dec 2, 2000 and was not for the full amount due. There was never another payment made on this account, but they are reporting it to EX and EQ with DOLP as 7/2002 on both CRs.

They are wearing me down. They sued me and then after I showed up for court, the second court date they "dropped suit". No particular grounds, just did (I believe because they thought the SOL had not expired and that the DOLP really had been 2002, then they realized differently.

I sent copies of the court dismissal (with prejudice) to all three major CRA, TU deleted, EX and EQ said that they could not use my documentation and disputed with Cap 1, who verified, but then EQ only disputed the DOLA and NOT the DOLP, as I had asked them to.

I am ready to climb the walls over this, they are reporting a past due of $2,500 every month and I'm pretty sure it is what is tanking my scores the most.

I have this letter (rough draft) and would appreciate anyone's input on it. I haven't been able to find the FDCPA reference to the violation where a CA or OC reports the wrong DOLP or reages, if anyone can cite that, I would appreciate that as well.

Thanks everyone!


October 21, 2007

Capital One Bank

P.O. Box 60000

Seattle, WA 98190-6000

To Whom it may concern:

I am writing to you one final time in hopes of gaining your co-operation in the matter of a negative tradeline being reported by Capital One Bank to my credit reports.

The account in question is #xxxxxxxxxxxxxx.

I have in my possession, a copy of each and every single billing statement (provided to me in April of this year, by you, Capital One Bank) that has ever been generated on this account. According to your statements, the last payment made on this account was in the year 2000.

Why then, is Capital One Bank reporting the DOLP (date of last payment) being July 2002? This is clearly re aging the account and a violation of my rights. (insert code reference violated here)

You have until two weeks from the date this letter is signed for to correct the date of last payment on this account with all 3 credit reporting agencies or else I will sue for damages incurred by Capital One Bank’s violation of my rights under the FDCPA.


My Scores Awful (and you’re to blame)!

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Based on what you have written above, the DOFMD is 11/2/2000 the DOLP is 12/2/2000. Therefore, your TL should be considered hitting the 7 yr mark on 11/2/2007. Remember though that the CRAs actually have 7 yrs plus 180 days.

I'd wait to send your letter after 11/2. Pull another copy of your report to include with your letter showing the TL still on your reports---it'll just give you further ammunition.

Send your letter to their legal department or directly to the CEO. You may want to seriously consider including a ITS.

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