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Got Midland offer letter but its not reporting on my credit report


bored7one4
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I would not worry about them reporting. I would deal with the bill first. If it is past SOL and you are 100% certain of this, send them a refusal to pat letter. Make the letter short and sweet.

 

To whom it may concern

I refuse to pay this bill or any portion of it.

 

That is all you need to say.

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A DV is debt validation.  That type of request is made within 30 days of their first communication (collection letter).  Finding an entry on your CR doesn't qualify as a first communication.  You can send a DV request, but they're not required to respond just because you found their entries on your CR.

 

If the accounts are outside the SOL for collection (they can't sue you) what you might want to do is dispute the entries with the credit reporting agencies.  You might start out by disputing the accounts as "not mine".  Then go from there.

 

 

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SOL starts on last payment date correct?  most if not all of my cards shows last payment date of Jan or Feb of 2008.  That's what the credit report says.

 

I believe this is NOT correct.

 

The DOLA (date of last activity) is the last time you made either a purchase or payment.

The "default" date is when the payment is due following the DOLA and you don't pay.

 

The start date of the SOL was discussed heavily on this board a few years ago....was it the DOLA or the due date?

 

I believe the general agreement of the debate was to use the "due date" as the start of the SOL, just to be on the safe side.

 

I don't know if this has changed or if there is new case law, etc, supporting which is actually true.

 

Anyone?

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After you have made a payment on an account in good standing, and that payment is still the minimum, your account is still in good standing.  Sometime later you will get the billing statement for the next billing cycle, which is usually a month later, but not always.  That billing statement will have a due date.  If you never make another payment, it is that due date that is reasonably considered the date of default.  For a credit card, you can generally continue to use the card up to that due date.  Some credit card companies have, at least in the past, even allowed use of the card after the missed due date.  It would seem to me that it is plausible to argue that the default happens when the card is disabled and can no longer be used.  The counter argument is that the default happens when the account is considered late such that a "late" could be placed on your credit report.  Statutes and case law would determine this for sure.

 

If the lawsuit is so late that this matters, the plaintiff will, of course, insist on as late an interpretation to allow the case they bring to proceed.  I would argue the latest is when the card is disabled (for revolving accounts).  I would also argue that the earliest is the due date of the billing cycle that is not paid the minimum.  There may not be a lot of wiggle room in there.

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I believe this is NOT correct.

 

The DOLA (date of last activity) is the last time you made either a purchase or payment.

The "default" date is when the payment is due following the DOLA and you don't pay.

 

The start date of the SOL was discussed heavily on this board a few years ago....was it the DOLA or the due date?

 

I believe the general agreement of the debate was to use the "due date" as the start of the SOL, just to be on the safe side.

 

I don't know if this has changed or if there is new case law, etc, supporting which is actually true.

 

Anyone?

 

The day after a last payment can be the start of the SOL.

 

A due date serves to keep an account current.  If an account is current, then you fail to make a payment on the due date, don't use the card, and never pay again, the due date could serve to start the SOL

 

However, once an account goes into default, one can make small payments that never bring the account current.   Since the account has never been brought back to a current status, the SOL could begin the day after the last payment.

 

Each person needs to read their state laws to see if the beginning of the SOL is specified.  Here's something from Montana:

 

 The statute of limitations begins to run on the date of the last payment to a credit card account. Colorado Nat'l Bank of Denver v. Story (1993), 261 Mont. 375, 862 P.2d 1122.

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So if you don't reply to collection offer letters with in the first 30 days you should not DV them at all?  So at this point I should just start disputing with the Bureau?  When disputing with bureaus can i send one letter disputing multiples accounts or should each acct have a separate letter?

 

 

Thanks

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If it is on your report under another name, tell the CRA that their computer has mismatched the names and placed someone else's account on your report, and that they need to correct this and put those charges on the report for the person so named.

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