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What "reason" for DV with CRA?


zig
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Hi,

I'm new here and have read, read, read; not only here, but on many other credit repair forums, as well and have not found how to handle this. With that said, here is my circumstance:

I pulled my 3 credit reports and after reading here to start off disputing each item as "not mine", I started by disputing a derog that was originally an overdrawn checking account from 2001/02 and given I had not heard from OC or any CA's about it, nor made any payments, am positive is out of SOL. It was sold to a JDB (RJM ACQ LLC) who reported the derog to Ex and TU, and appears to have been re-aged to March of this year. I disputed this online with Ex only as "not mine" and it came back verified. Within a week, I received the first bill I've ever received since I incurred this debt, from CA.

About a week ago, I sent DV letter to CA, via CMRRR, which they received yesterday. I was wanting to try the 1-2 punch, but I'm unsure if I can with Ex, since I've already disputed the debt as "not mine" and they verified it. If I can still dispute it, now that CA has received my letter, what, if any reason should I give, or am I even going in the right direction?

Thanks in advance for all of your help!

Edited by zig
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Although not for the same reason. If you sent a DV to the collector and it is past the SOL they will most likely ignore you and the entry will fall off your report in 30-60 days. I've only ever had one collector tell me they were stopping collections activity (out of 4-5). Re-dispute the entry to the CRA with another reason. But if it's past the SOL, I have a strong feeling you'll not be hearing from that agency again. By the way, it's illegal for a CA to "misrepresent" a debt. In some states, that includes sending you a bill. If it's past the SOL, it's no longer a debt b/c the creditor has lost the right to sue.

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Any time you get verification from the CRA's, you have the right to ask how it was verified! :evil: They need to tell you the who, what, how, and when this account was verified.:-x Many times their information is outdated and just plain incorrect! You should talk to them and demand to know how this was verified!:troll: I had one case in which the phone number the CRA gave me was disconnected! XhairX I brought this to their attention and it was removed. :boxing: There is a sample letter on this forum you can use to send to them, certified of course, requesting this information. Also in the case of accounts in "SOL" there are cases where you can be sued but will be able to use the SOL defense to get out of it. Some JDB's will take you there! :slapface: You always have to be careful when you start disputing items on your credit report...especially if just waiting a little while longer will cause them to fall off! :hmm: Disputing will sometimes "wake the sleeping dogs"...something you want to try to avoid if possible. There is also a difference between "date of last payment" and "date of last activity". If you are looking at your account in regards to re-aging, make sure it reads, "date of last activity"...this means any activity on your account. Many are fooled into believing this is the same as date of last payment and pay on an obsolete debt. :IThankYou:

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Thanks thomassl! I'll try that. I have to ask where you obtain your credit reports from. My reports (I got them from freecreditreport.com, which I'm thinking wasn't the best option) do not show date of DOLA. They just show date opened. I heard that EQ and TU provide on their reports, the date the items will fall off, but unfortunately, EQ has my wrong year of birth listed on my report, so I can't verify my information to obtain a free CR, I've already received (and misplaced) my EX for free and there is some other issue with TU that isn't allowing me to complete, online, the request for a free CR.

I've gone to each site, wanting to just pay for the individual reports, to expedite things, but I don't see the option to order only a single report...everything I try to purchase tries to put me into this continuous service that bills every month automatically. Do you have a recommendation?

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  • 2 weeks later...

Generally, the "Date Open" refers to when the CA opened the trade line with the CRA. That doesn't necessarily mean they re-aged. It just means they opened the trade line on your CR on that date. I think it's a little shady, because it does make the account look like it currently went into default. I think Equifax is the only one that shows DOFD on the report itself. I know Experian doesn't. The only way to truly find out what they're reporting as the DOFD is to contact the OC/CA and find out.

SOL on debt has nothing to do with the reporting period, which is 7 years from charge off, 7.5 from DOFD. The SOL also doesn't mean that it's illegal for them to try to collect the debt. They can even sue you. All the SOL does is provide an affirmative defense to the lawsuit, which will usually result in a quick dismissal. In some states like (I think) Michigan, expiration of the SOL DOES absolve the debt. They can't even try to collect after the SOL.

Also, some federal courts have ruled that filing a lawsuit after the state's SOL has expired IS an FDCPA violation on misrepresenting the character or legal status of the debt. And is an unconscionable/unfair action.

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but I'm unsure if I can with Ex, since I've already disputed the debt as "not mine" and they verified it. If I can still dispute it, now that CA has received my letter, what, if any reason should I give

Attack everything on the trade line, one dispute at a time.

I didn't open an account with this firm on this date.

This account balance was never XXX.

This is not an installment account.

In essence, you are never accepting that this is yours. You are basically saying "This account isn't mine because I didn't open an account on this date with this creditor." "The account balance was never XXX because there never was an account." "This is not an installment account because no account exists."

So you've never wavered from your original claim that it's not your account. But if you keep saying 'Not Mine', they will just claim it as frivolous.

This has worked well for me.

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