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Help! Disputed accnt on Experian CR


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Back in September, I disputed an account on my Experian credit report because I'd never received a statement or phone call from this CA (Credit Solution).  So, on 9/11/12, I sent CA a validation letter, which i think I found on your site stating FDCPA 15 USC 1692g Sec. 809 (B).  I faxed it to them and sent it USPS priority with tracking number which confirmed they received it. I then disputed the account on 9/27/12 through Experian's website, siting that I attempted to validate the account and that I had never received any correspondence from the CA.  On 10/5/2012, I received the results of the dispute which said "Processed, Please look at the line item on the credit report for more info".  It says "The item was updated from our processing of your dispute in Oct. 2012"  and that I made a recent payment of $20 (not true).  On 10/17/12, I finally received a collection letter from CA saying that they purchased the account from the original creditor, HSBC.  I then sat on it for awhile, not knowing what to do and received another final collection letter from CA on 11/14/12.

 

The information that this CA is reporting is totally false!  I never made a payment (how could I make a payment when I wasn't even aware of the account?) This appears to be the only credit bureau that this CA is reporting to.

 

Does anyone have any info on how to remove this?  I don't see what good it does to dispute an account on a credit report when the credit bureau does nothing about it.  It now says "Seriously past due date / assigned to attorney, collection agency, or credit grantor's internal collection department".

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Here's the other caveat - It says the "Date of last activity" is March 2009.  Are they even legally allowed to report this account on my credit report?  SOL in my state (CA) is 4 years.  I have 3 other accounts on my CR from collection agencies with the same date of last activity.  Any advice on how to get these accounts deleted from my CR?  Do I contact the CA or credit reporting agencies?

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Any disputes should be made FIRST to the credit reporting agencies.  Yes, they can report the date of last activity.  You can also dispute that date.

 

You stated that you never made a $20 payment.  Dispute that payment.  If the CA verifies with the CRAs, and you can show you never made that payment, you have a claim for violations of both the FCRA and FDCPA. 

 

If that "date of last activity" is based on the $20 payment, it just adds fuel to your claim.  The threat of a lawsuit could make those entries disappear.   Contact http://www.naca.net to see if there's a consumer attorney in your area who would take your case.

 

But you have to dispute with the CRAs first.

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Should I send them and the 3 other CA's this letter?:  Letter to Collection Agency to Stop Calling on a Zombie Debt - Sample Letter 20

 

Although, they haven't been calling, one of the CA's sent a letter in attempting to collect on a zombie debt.

 

I cringe when I open my mailbox everyday only to find these cleverly disguised collection letters.

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  • 2 weeks later...

Ok, per the results of disputing with all 3 CRA's, they all have verified the date(s) are correct, the amount due is correct and the last payment amount is correct. However, there is no date in the Date of Last Payment field, but the Actual Payment Amount field is $20.  This is bull___!  Do they actually do any work to verify or is this all automated by a computer?  I feel like i'm going around and around in a circle and never getting anywhere.

 

Someone correct me if i'm wrong, but from what I've been reading about zombie debts, these JDB's cannot collect on accounts that are past the statute of limitations.  The date of first delinquency on this account is 3/2009.  I'm in California, and statute of limitations is 4 years.  I'm confused as to which date the SOL applies to; Date of First Delinquency? Date of Last Payment? Date Opened? Date Major Delinquency First Reported? Date of Last Activity?

 

Please help!?

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Ok, per the results of disputing with all 3 CRA's, they all have verified the date(s) are correct, the amount due is correct and the last payment amount is correct. However, there is no date in the Date of Last Payment field, but the Actual Payment Amount field is $20.  This is bull___!  Do they actually do any work to verify or is this all automated by a computer?  I feel like i'm going around and around in a circle and never getting anywhere.

 

Someone correct me if i'm wrong, but from what I've been reading about zombie debts, these JDB's cannot collect on accounts that are past the statute of limitations.  The date of first delinquency on this account is 3/2009.  I'm in California, and statute of limitations is 4 years.  I'm confused as to which date the SOL applies to; Date of First Delinquency? Date of Last Payment? Date Opened? Date Major Delinquency First Reported? Date of Last Activity?

 

Please help!?

 

There are TWO SOL in play.  The first is the SOL for the creditor/CA/JDB to sue you for the debt which in your state appears to be 4 years.  If the DOFD is 3/2009 then as of last month if you are sued you can raise the SOL as a defense.

 

The second SOL is the time that it can legally be reported on your credit reports.  That is 7 years and 6 months from the DOFD.  So if your last activity was 3/2009 then it can legally remain on your credit report until 9/2016.

 

The true definition of "zombie" debt is debt that is beyond the statute of limitations for reporting to CRAs AND beyond the date for suit.  So if a JDB contacts you about your phone bill from 1989:  that is zombie debt.  The debt you have that can still be reported to the CRAs even if they cannot sue is just aged.  

 

Based on your fact pattern if you can't settle the matter you may have to live with this on your CRA reports for another 3 years and 5 months.  

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The second SOL is the time that it can legally be reported on your credit reports.  That is 7 years and 6 months from the DOFD.  So if your last activity was 3/2009 then it can legally remain on your credit report until 9/2016.

 

The date of last payment and the date of first delinquency are not always the same.  It would depend upon the status of the account when that last payment was made.  If the account was already delinquent, and if the payment did not bring the account current, the date of first delinquency would actually be before that date of last payment.

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