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#1) Sold & still reporting... #2) Won't respond to DV but still reporting


CreditFixerUpper
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I have two discover accounts...

#1)

I DV'd Discover and they sent the original documentation that I signed when I opened the account. However, they replied that they SOLD the account in 2003. Discover continues to report & update.

The buyer, Sherman Financial, has never contacted me.

I am under the assumption that Discover is not allowed to report or collect from me since the sold the account in 2003. Is this true? and if so, does anyone have the Statute sections? Thanks in advance.

I am writing a 2nd letter to Discover to ask that they stop reporting. Is this within my rights? or can they still report. The SOL has passed, and they don't even own the account. Its about to fall off of my report, but for other reasons I can't wait any longer. I need to take care of it one way or the other, real soon.

#2)

I have another Discover Account that is being reported by Asset Acceptance. They did NOT reply to my 1st DV and it continues to be updated and it was verified by CRA.

I never had 2 Discover accounts, but this one is being updated, verified and Asset Acceptance won't reply to DV.

I am writing 2nd letter requesting validation or removal.

Again, what statutes should I include in support of my argument that they need to reply, validate or stop reporting. I don't have any documentation regarding this account and don't ever remember having 2 Discover accounts so I would really like to get to the bottom of this.

Thanks again

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Wish I could offer solid advice on this....going through a similar situation. Currently disputing via the cra's with copy of letter from oc that says account was sold in 2003 to xyz ca. I stated the oc has been unable to verify this with me-requested the cras provide me with the name/address of the ca and provide me with their method of verification when oc cannot. Long shot and am counting 13 days left for cras to respond.

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Basically, my understanding is that this is fraud because by continuing to report, this is considered continued collection activity. As I have gone around and around with the oc on this and it still hasn't fallen off, as I said, the cra's are the long shot. If it remains after the 13 days, I will file against the oc over numerous fcra violations....a real pain in the arse, much easier for the oc to let it go as they have the complaint I will file-$15,000+. Honestly, don't know what's up with these a$%#holes-they have much less to lose by disappearing!

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Basically, my understanding is that this is fraud because by continuing to report, this is considered continued collection activity.

No it's not. If I'm understanding you correctly...you're referring to the OC here? If it's Coed and shows 0 balance, it ain't fraud.

If an account was SOLD, then the TL should reflect SOLD 0 balance. IT CAN STILL BE REPORTED AS SUCH!!!! And it's NOT "continued collection activity"

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Status:

Account charged off/Past due 180 days. $x,xxx written off.

Date Opened:

07/1996

Type:

Revolving

Credit Limit:

$2,000

Date of Status:

01/2003 Terms:

NA High Balance:

$x,xxx

Reported Since:

05/2000 Monthly Payment:

$0 Recent Balance:

$0

Last Reported Date:

01/2003 Responsibility:

Individual Recent Payment:

$121

Your Statement:

NA Add Statement

Creditor's Statement:

Purchased by another lender.

Account History:

Charge Off as of Jan 2003

180 days as of Dec 2002, Nov 2002, Sep 2002, May 2002

150 days as of Oct 2002, Jun 2002 to Aug 2002, Apr 2002

120 days as of Mar 2002

90 days as of Feb 2002

60 days as of Jan 2002

30 days as of Dec 2001

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The OC can still report the TL for 7 years but they must change the status to sold, which according to the info here they have.

Also, just FYI, I just checked the SOL for NC and if I read this correctly, your DOFD is 11/01. IF this is the case, send them a FOAD and then dispute with the CRA. It's so old you'll have a good chance of both being deleted.

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