ritag Posted August 24, 2008 Report Share Posted August 24, 2008 i have a capitol one account that its not on TU and it fall of from Eq biginnig of this month and as soon as a CO send me a letter for collections it came back on EQ and not on TU.the fall of dates which i have original hard copies of all 3 cra have diffrent fall of thats every year,the last hard copies i have from last year shows EQ fall of date is 8/08,for EX is 1/09.Now i recieved a let from a company called them selfs RAB inc,regional adjustment bureau trying to collect on this account debt, what will my best bet be to get this removed the fastest way possiball.thanks in advanced. Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted August 25, 2008 Report Share Posted August 25, 2008 I’m not sure I understand I understand what you really want here/what you are asking?So long as the legal reporting period for a debt hasn’t past yet, the creditor and/or a CA can report the tradeline (provided it’s accurate of course)…you can try various means to get it removed but whether you’ll be successful or not is anybody’s gusss…your best bet for removal is to find inaccuracies in the tradeline and dispute what’s inaccurate.Or…your other best bet for removeal is if you can establish through your own records what the DOF was and if, based on that, the allowable reporting has past, then you should be able to get the tradeline removed.I suggest that if you've received a dunning letter from this CA that you start the DV process timely. Link to comment Share on other sites More sharing options...
ritag Posted August 25, 2008 Author Report Share Posted August 25, 2008 the collection and capitol one dont even have the right spelling of my name i dont know if that will help and also if i send the dv should i use the correct spelling.what i ment by the old post is, i do not know the right fall of date,because all the CRAs have them diffrent, i have 3 years credit reports from all three that have diffrent dates on all of them,so i dont know what game they are trying to play. the last reports i have from last year EQ says fall of that is 8/08 and EX says it is 1/09.I hope this help you better understand and i am sorry for the grammer.thank you Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted August 25, 2008 Report Share Posted August 25, 2008 Is this your debt? If so, what do your own records say is the DOFD?That date plus approx. 7.5 years is when a negative tradeline will fall off your credit report – if the data furnisher is reporting something different for DOFD then you can make them correct it.In general, as I said above, they have the right to report so long as the report is accurate – you have the right to either make them correct anything that’s wrong or have the tradeline removed (there is plenty of info on the site about how to go through that).However, if they are actively trying to collect then I would suggest you be more worried about that then whether or not this is on your credit reports. Link to comment Share on other sites More sharing options...
firemanjim22 Posted August 28, 2008 Report Share Posted August 28, 2008 What about the SOL? Even though the TL is old it can still be reported on your CR for several years after the SOL, but once it is past the SOL they can not attempt to collect it anymore can they?As I understand the SOL it is pretty clear. Once the SOL is passed the OC can not attempt to collect the debt directly nor through a CA. They can not assign it, sell it, etc. A CA that already has it can not any longer attempt to collect on it either. They also can not sue you. The only thing they can do after the SOL is to report it (accurately) on your CR until the 7 year mark.Is this correct, or does someone have a different understanding?Jim Link to comment Share on other sites More sharing options...
swirlgirl Posted August 28, 2008 Report Share Posted August 28, 2008 Even after the SOL, the creditor can still try to collect. The debt does not just go away. The SOL would come into play if they tried to sue you for the debt. You would use the SOL as a defense in court. But if there is no lawsuit, they can continue to send letters, call, or even sell the debt to another JDB. Link to comment Share on other sites More sharing options...
ALVA Posted August 28, 2008 Report Share Posted August 28, 2008 As I understand the SOL it is pretty clear. Once the SOL is passed the OC can not attempt to collect the debt directly nor through a CA. They can not assign it, sell it, etc. A CA that already has it can not any longer attempt to collect on it either. They also can not sue you. The only thing they can do after the SOL is to report it (accurately) on your CR until the 7 year mark.That is incorrect. They can attempt to collect indefinitely (in all but 2 states I believe). They can sell it, assign it, etc. The SOL only limits legal actions, giving the debtor an affirmative defense should he/she be sued for a debt that is beyond the statute of limitations. Link to comment Share on other sites More sharing options...
firemanjim22 Posted August 28, 2008 Report Share Posted August 28, 2008 What about debts discharged in bankruptcy, they can not continue to collect, or sell a debt to a jdb once a debt is discharges in bk right? Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted August 28, 2008 Report Share Posted August 28, 2008 Yes, that's true but what's that got to do with anything in this thread? Link to comment Share on other sites More sharing options...
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