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State: Ohio

Summary:

Old CC being reported on CR (still not sure it's even mine, but if it is, its over 12 years for last delinquency) by a company called Pinnacle Collection Services.

Pinnacle hired TRAKAmerica to handle the collection. TRAKAmerica filed a law suit under the name Professional Investment & Finances. The only thing they submitted was a piece of paper titled "Charge off Statement" saying I owe. It had an account number, but not the same number Pinnacle is listing on my CR.

I filed for discovery and counter claim. Thirty days later I got nothing and filed a motion to dismiss. Judge granted my motion to dismiss with prejudice, however two days later (today) he granted their motion to dismiss my counter claim. (Said he was a state judge and that the plaintiff’s argument that they were an OC was good. (Despite all the case law and my argument to the contrary which I presented in a response. I think he just wanted the case gone, but at least he dismissed their claim too.))

The problem for me now is that I have the dismissal entry against Professional Investment & Finances; however I don't have anything showing Professional Investment & Finances is talking about the same account as Pinnacle.

I know its the same account, amount is the same, when I called Pinnacle they said, call TRAK and when I called TRAK they told me to call the attorney who handled the case for Professional Investments.

I've disputed with CRA, they said it's been validated. I sent a letter to Pinnacle (and CRA) saying I still disputed it and requested that Pinnacle investigate and send me proof and/or what records they are using to verify the debt? Date of last delinquency, etc?

My goal is to just get it deleted from my credit report.

What should I do next?

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State: Ohio

Summary:

Old CC being reported on CR (still not sure it's even mine, but if it is, its over 12 years for last delinquency) by a company called Pinnacle Collection Services.

Pinnacle hired TRAKAmerica to handle the collection. TRAKAmerica filed a law suit under the name Professional Investment & Finances. The only thing they submitted was a piece of paper titled "Charge off Statement" saying I owe. It had an account number, but not the same number Pinnacle is listing on my CR.

I filed for discovery and counter claim. Thirty days later I got nothing and filed a motion to dismiss. Judge granted my motion to dismiss with prejudice, however two days later (today) he granted their motion to dismiss my counter claim. (Said he was a state judge and that the plaintiff’s argument that they were an OC was good. (Despite all the case law and my argument to the contrary which I presented in a response. I think he just wanted the case gone, but at least he dismissed their claim too.))

The problem for me now is that I have the dismissal entry against Professional Investment & Finances; however I don't have anything showing Professional Investment & Finances is talking about the same account as Pinnacle.

I know its the same account, amount is the same, when I called Pinnacle they said, call TRAK and when I called TRAK they told me to call the attorney who handled the case for Professional Investments.

I've disputed with CRA, they said it's been validated. I sent a letter to Pinnacle (and CRA) saying I still disputed it and requested that Pinnacle investigate and send me proof and/or what records they are using to verify the debt? Date of last delinquency, etc?

My goal is to just get it deleted from my credit report.

What should I do next?

If your first paragraph was correct and it has been 12 years since the DOFD, it should have been deleted 5 years ago. Am I missing something?

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If your first paragraph was correct and it has been 12 years since the DOFD, it should have been deleted 5 years ago. Am I missing something?

They don't list a DOFD, my report says it's scheduled to be removed Oct. 2009. So I am guessing somewhere they are using Oct. 2002? However, I haven't had any credit cards or paid on any credit cards since 1999. So my guess is, it's been reaged.

I requested/disputed with the info provider and asked for what they are using to report the DOFD to the CA. I also told them I disputed with the CR.

I haven't received anything from them yet and doubt I will.

EDIT UPDATE: So I went down to the court house at lunch to talk to the judge. The judge told me he had not dismissed yet, but the problem with my complaint was that he was a state court and I was filing under federal law. I brought some case law with me to show him state courts could rule on/award under the FDCPA. He said he would take a look at it before ruling. I also told him that while I felt my claim had merit, I would be willing to dismiss if the plaintiff would remove the TL from my CR. I told him the plaintiff's attorney said (yesterday) that "it sounded good to him, but he would have to check with his client." He said he would call the attorney and get back to me before making the ruling. It sounded like he might try to put some pressure on them to settle this by agreeing to remove the TL.

Hopefully a call from the judge will get them to agree faster. I suspect if the judge does dismiss my counter claim on the grounds that he is a state court and doesn't have jurisdiction, I could appeal?

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