Stolen CC showing on my CR, old utility debt, apartment/lease debt, charged off debt help pls

[LD-50]

Four things I need some help with please:

 

1  Back in 2005, a "friend" of mine, while staying my my apartment when I was gone for the holidays, stole my credit card and used it for cash advances and other things totaling about $600 without my consent.  When I got the statement, I called him out on it and he agreed to pay me back.  Of course he never did and shortly thereafter we were no longer friends.  Since then, I have been trying to get the cc company to mark the card as stolen.  In the meantime, I had been making payments on it in an effort for it not to show negatively on my credit report.  I made several phone calls to people with thick accents who seriously had no idea how to report it stolen.  It was the oddest thing so I gave up on calling and sent letters and I'd get a call back from someone who had no idea what to do.  They'd tell me to complete paperwork which I'd do and somehow when I called back about my "case" there was never a record.   I finally stopped paying the $18 minimum in December 2011 - it was eventually charged off and now in the hands of a collector.  Years ago I disputed it online with the credit reporting agency who simply responded saying the original creditor said the information was valid so it was never removed.  The credit limit on the card was only $600, and interest included, I have since paid paid that much and more but never did pay it off so the balance showed and now shows $1,900.  How can I finally get this removed from my report?  This card has been a thorn in my side and I never once used it myself.  I know that my payments probably seemed to prove to them that I did despite my phone calls and letters to the contrary.  Any ideas?  The original creditor was Juniper Bank and has since been bought out by Barclays which is what is showing on my report.  I'd dispute their information if it wasn't charged off already.  

 

2.  I have an old phone debt from 2005 that I never paid.  Is that now zombie debt if a creditor has it?  It shows opened in 2011 on my report with the collection agency but it is from 2005 from that same friend placing $400 worth of calls to his ex wife in GERMANY while staying at my home over the holidays.  Great friend, huh?  I just couldn't pay that bill so my account was closed.  

 

3.  I just won a case over a JDB (well it was dismissed) and plan to file a motion to have them remove it from my report.  How can I have the original debt from Wells Fargo that is now charged off removed as well?  Is there a way?  

 

Lastly, 4. In 2008 I moved out of my apartment prior to the end of the lease and couldn't paid the penalty which was about $1,800.  This is now in a collector's hands so the accounts shows as opened in 2011.  I would think SOL on this debt would be back to 2007 when I originally signed my lease - is that not the case?  Can I have it deleted based on the AZ 6 yr SOL for written debt?  

 

I am grateful for any assistance anyone can provide!!!  THANKS!!!

[kutuzov]

1 Credit cards normally got a provision on the card holder agreement that you must dispute any charges in written to x address within 60 days of when you receive the bill. According to your post you didn't do that, so answer is probably no. Also you could file a police report or something (not familiar with this), but still it will probably be out of statute of limitation for fraud.

 

2 This one when was your last payment? to determine date of first delinquency, if it was more than 7 years ago you can dispute the account as obsolete. Do everything certified mail return receipt.

 

3 No they are 2 different entities.

 

4 No, reporting to the CRA is 7 years, regardless of your state SOL.

[admin]

@LD-50, @kutuzov has given you excellent advice. 

 

The only thing I would add is to ask if you've disputed everything with the credit bureaus?  This is always the first thing you should do.  

[LD-50]

@kutuzov and @admin - THANK YOU!

 

I'm working on disputing with the CRAs right now and that's why these questions came up.  

 

So, with the stolen credit card, I'm out of luck?  Really?  That just doesn't seem (ethically) right....  

 

Is the CRA 7-yr SOL on debt based on my last payment, last communication or opening/closing of the account(s)?

 

For the phone debt, last payment was in 2005.  Obsolete/Zombie?

[LD-50]

@admin - do I have to dispute something specific (open/close date, high balance, etc) with each reported item or can I just say that I dispute the item without specifics?  

[admin]

So, with the stolen credit card, I'm out of luck?  Really?  That just doesn't seem (ethically) right....

 

Yes, I think you are stuck.  This should have been handled at the time that things occurred.  You should have reported the card stolen right then, and you would have been protected.  

 

Is the CRA 7-yr SOL on debt based on my last payment, last communication or opening/closing of the account(s)?

 

Last payment.  

 

For the phone debt, last payment was in 2005.  Obsolete/Zombie?

Zombie.  But you must prove it. 

 

@LD-50

[admin]

@admin - do I have to dispute something specific (open/close date, high balance, etc) with each reported item or can I just say that I dispute the item without specifics?  

You must be specific.  

[kutuzov]

As I stated all disputes do them certified mail return receipt, that way if you need to sue them you got a paper trail, you don't get that on line.

 

The Fair Credit Reporting Act (FCRA), is the laws for reporting credit, in there an obsolete entry is one that is 7 years or older, and so needs to be deleted. The clock start running from the first time you missed a payment, that would be 2005, so it's more than 7 years for sure.

[LD-50]

@admin and @kutuzov, with the zombie debt. The account incurred the debt in 2005 but the CA has it reported as opened 6/14/11 and reported 2/12/12.  How can I prove it is old debt based on that?  The OC utility company does not appear on the report - only the CA.  Can I just send a letter to the CRA stating that is is obsolete and that it is from 2005 or how do I otherwise prove that?  Look for the bill from 2005?

 

I will be sure to mail everything CMRRR - thanks!

 

With the case that was just dismissed by a JDB - do I need to file a motion to have them remove it or can I send court paperwork to the CRA to have it removed?  

 

What about medical bills?  I saw some information where @admin said I need to PTD for those.  Is that still the case if they are now in CA?  Your article I read implies I should always PTD those.  If that's the case, I contact the CA and come to an agreement of what I will pay them and ask them to send it to me in writing noting that upon payment, they will delete the items?  

 

Somewhere along the lines I had heard that medical bills do not impact credit.  That must be a myth?

[kutuzov]

The 2011 date is when the OC assigned them the debt, the 2012 is when they started reporting, do a dispute the CRA as obsolete account, if they verify send them a MOV letter and ask for the documentation to the CA as per FCRA 623 statue, also add a DV in there, if they verify and send you any paperwork saying is still within the 7 year mark, you'll need to sue them for a FDCPA and FCRA violation, you will need to find an attorney check the NACA website.

 

If it was dismissed without prejudice you can't do crap, if it was dismissed with prejudice then yes, send a copy of the court order to the CRA and tell them the case was dismissed with prejudice by the court, and the account is not yours.

[admin]

@admin and @kutuzov, with the zombie debt. The account incurred the debt in 2005 but the CA has it reported as opened 6/14/11 and reported 2/12/12.  How can I prove it is old debt based on that?  The OC utility company does not appear on the report - only the CA.  Can I just send a letter to the CRA stating that is is obsolete and that it is from 2005 or how do I otherwise prove that?  Look for the bill from 2005?

 

If you don't have a copy of the old utility statement, you are going to have a tough time proving that it is old debt.  As a counter measure, though, you could send a threatening letter to the CA telling them they are in violation of the FCRA for reaging the debt.

 

 

With the case that was just dismissed by a JDB - do I need to file a motion to have them remove it or can I send court paperwork to the CRA to have it removed?  

 

I would try sending in the court paperwork. 

 

What about medical bills?  I saw some information where @admin said I need to PTD for those.  Is that still the case if they are now in CA?  Your article I read implies I should always PTD those.  If that's the case, I contact the CA and come to an agreement of what I will pay them and ask them to send it to me in writing noting that upon payment, they will delete the items?  

 

Yes, you need to do pay for delete on the medical bills.  http://www.creditinfocenter.com/repair/medical-collections.shtml

 

 

Somewhere along the lines I had heard that medical bills do not impact credit.  That must be a myth?

Myth.

[LD-50]

I think this is enough info to get me started on my credit repair journey - thank you both so much!!!!!  And, thanks for your patience...I'm reading a lot on this website and its information overload for me but I'm positive you are politely answering questions you have already answered no less than 1,000 times before.  I like kind folk...

[admin]

@LD-50 - you are welcome!

[LD-50]

Ok stupid question alert....

 

@kutuzov, @admin - everything here says to dispute with the CRAs in writing and via CMRRR yet the addresses given for the CRA's are PO boxes.  That means they get a card in their PO box saying there is CM for them to go pick up.  Does a representative then go pick those up?  I'm hoping there is no problem in sending them CMRRR to a PO box....

[kutuzov]

No problem I send a bunch to PO Boxes.

[LD-50]

@kutuzov & @admin or anyone else who wants to weigh in.....

 

My husband and I both sent letters to all CRAs so there are 6 letters total that we sent CMRRR all on the same day.  

Of those 6, only 2 have been delivered (Equifax for each one of us).

The other 4 have been sitting at the post office waiting for someone to sign for them since 8/30-8/31.  

Two questions:

 

1.  Does their 30-day timeline start when we mailed them or when they signed for and picked them up?  I suspect its when they pick them up to declare ownership?  Correct?  If that is the case, this could take forever and we'd love clean up our credit before 2014 so we can start house hunting next year and I suspect after they all come back "verified," we then have to do this process again for the 623 method.  

2.  Have you had this problem?  If so, about how long does it take before they actually sign for them and pick them up?  I can't imagine ours are the only ones sitting at the PO for the other two CRAs.

 

Thanks!!

[kutuzov]

1. the day they signed it.

 

2. I have had some mail to them delayed too, not sure how long, they do it on purpose probably so to not overwhelm their workload, but that's just my guess.

[LD-50]

Experian has responded to both my husband and myself with regards to our letters.  The other credit agencies still have not signed for and picked the letters up but they have been at the post office since 8/30-8/31.    

 

With Experian, for me, they responded saying they verified two of the accounts and will not be updating any information and then bla bla bla need to have specific reasons why they need to investigate.  Really?  I listed those two accounts plus four others they did not respond about.  Those two were in a list of four all saying they are not mine and that I need proof of ownership of account and high/low balance as well as method of verification.  For two other accounts, one I listed as zombie debt and the other I sent in my court dismissal saying it is not my debt.   There were a total of 6 accounts in my letter and they only responded about 2.  

 

Additionally, I noted that an address they had for me was never my residence and I added my current employer information but no mention was made of those in the letter.  Can I expect more letters from them or are their responses always this void of helpful, relevant information?  And, if I don't receive another letter from them, can I send them a demand to remove the four items they failed to respond about after the 30 days?

 

Thanks!!!

[admin]

If you have not been specific, you need to provide details about why you are disputing.  

[LD-50]

I was specific (I think) - here is what I sent them but with acct numbers and identifying info removed:  

 

I've just reviewed my credit report and have noticed there are several inaccurate items on my report:

 

IC System Acct: XXXX

Debt from the original creditor, Cox Communications, is over 7 yrs old and therefore obsolete/zombie debt per FCRA.

 

Midland Funding, LLC Acct: XXXX
This collector was unable to provide sufficient evidence of this debt, failed to appear in court, and their lawsuit was dismissed (paperwork enclosed).  This debt is not mine.

 

Barclays Acct: XXXX

Wells Fargo Acct:  XXXX

Fair Collections & O Acct:  XXXX

Not mine – I need proof of current/high balance and verification method used to provide proof of debt and ownership of debt

 

Additionally, my name and employer information is incorrect.  My legal name is [LD-50] and I have never gone by [listed other names listed that are variations of my name]. And my current employer is [Greatest place to work, Inc].

 

I have appended a copy of my driver's license below as proof of identity.

 

Specific, right?  And, they only responded with regard to Barclays and Wells Fargo saying they were verified and won't be changed (they are both charge offs).  Do I wait to see if they send another letter?  After 30 days can I request/demand they remove the items they failed to mention in their response?

 

Will the other CAs ever pick up the reports waiting for them at the post off going on two weeks now?

 

Thanks.  

[Clydesmom]

You put WAY too many issues in one letter.  Each CSR has about 7 minutes maximum to address each file and yours far exceeds that.  You have much more success attacking one or two items at a time than a blanket attempt.

 

As to the stolen credit card:  at the point to agreed with your friend to allow them to pay you back and continued to pay you accepted the charges as valid.  The thing to do back when it happened was dispute the unauthorized charges as fraudulent and make a report to the police.  Once you had that the credit card company would have been required to remove the charges and it would have been end of story.  Yes, I know it means they might have prosecuted your "friend" but anyone who would do that is a criminal not a friend.

 

Experian does not delete any address that is/was ever accurate.  You have to be sneaky about it and call and state you don't recognize that address and THEN they will get rid of them.  

 

3.  The JDB dismissing without prejudice does NOT mean you can get it removed from your credit report.  The courts have NOTHING to do with the reporting.  The standard of proof to prevail in a lawsuit is WAY higher than what the CRAs require to put a TL on a CR.  You cannot just file a motion with the court demanding that they issue an order for the CA to stop reporting.  The time to negotiate that was when there was an active lawsuit.  When filing for the dismissal you ask for with prejudice so they can't refile and deletion from the CRAs.  Too late now.

 

On the apartment lease it would be the date you moved out and defaulted on the least.  With a 6 year SOL in AZ I would lay low because they can still sue you until next year.

[LD-50]

Thanks, @Clydesmom - I already know most of that at least with regard to the stolen card and the dismissal anyway.  I thought, within the timeframe I had to claim the card as stolen, that my "friend" would pay me back. So, by the time I realized that wouldn't happen, it was too late anyway.  As for the dismissal, I filed my own motion for dismissal w/predjudice and it was returned via mail promptly and stamped as "moot."  Once a month had gone by and I hadn't seen anything else regarding a rescheduled mediation or anything, I stopped by the courthouse to find the status of my case and was told it was dismissed w/out prejudice by the Justice of the Peace on the day of the 2nd JDB's no-show but the courts never mailed me a copy of it so I had no idea and it was my understanding that, by then, it was too late for me to even file for reimbursement of my costs much less removal from my credit report.  Is that incorrect?  Can I still do that 2 months later now?  I was already advised in this very thread that it will likely not be removed since it was dismissed w/out prejudice but then I was also encouraged to at least try it - so I did and they did not respond to it.

 

With regard to the incorrect address - the address I listed as incorrect never was my address so I was legitimately trying to give them correct information and they did not respond to it.

 

With the apartment lease, I really want that off my report.  We'd love to apply for a home loan within the next 6 mos to a year so even if its past SOL after 6 yrs, it remains on my CR for 7 yrs so I'd love it to just be removed ASAP.

 

As far as too many things being listed on my report and them having 7 minutes to validate it - shouldn't they be required to answer to all of my requests?  It wasn't even that many and they were sectioned out and the two they decided to "verify" were right in the middle so how do they determine priority?  So, my original question remains...is this acceptable from them?  Do I stop here and move on to the 623 or another method?  Do I send more letters breaking each request into twos?  Or, after 30 days, can I request delete for those items they did not respond for based on them not responding specifically about them?  You know?

[Clydesmom]

With regard to the incorrect address - the address I listed as incorrect never was my address so I was legitimately trying to give them correct information and they did not respond to it.

 

Experian is THE worst about removing addresses if they believe they are valid.  Call and speak to a CSR and state it isn't and has never been your address and they will delete it.

 

With the apartment lease, I really want that off my report.  We'd love to apply for a home loan within the next 6 mos to a year so even if its past SOL after 6 yrs, it remains on my CR for 7 yrs so I'd love it to just be removed ASAP.

 

it isn't that I don't get it but the reality is that if the debt is valid it can stay on your CR for 7 years and 6 months legally no matter how much you want it off.  What CA has it?  If it is Fair Collections and Outsourcing they do NOT do PFD  EVER.  At best it will be a paid collection.  Settling it does NOT change the date it falls off.

 

As far as too many things being listed on my report and them having 7 minutes to validate it - shouldn't they be required to answer to all of my requests?  It wasn't even that many and they were sectioned out and the two they decided to "verify" were right in the middle so how do they determine priority?  So, my original question remains...is this acceptable from them?  Do I stop here and move on to the 623 or another method?  Do I send more letters breaking each request into twos?  Or, after 30 days, can I request delete for those items they did not respond for based on them not responding specifically about them?  You know?

 

Do you want to clean up the report or do you want to argue semantics?  What they SHOULD do is far different from what happens.  The best way to dispute items is you dispute one or two and wait for the response.  Once you get that you wait 30-60 days and dispute two more. 

 

The biggest problems you have is you defaulted on the CC in 2011 and the SOL for CC lawsuits in AZ is 6 years.  You can still be sued for this debt especially since the court dismissed without prejudice.  Whether you used the card or not isn't relevant anymore.  Had you dealt with the theft as a theft instead of trusting the deadbeat you wouldn't be in this situation now.  You cannot unring the bell and you are correct it is too late to try and get a court order to remove the TL. Odds that they would have approved it when it was being dismissed without prejudice:  slim to none since the creditor retains their right to sue under that circumstance.  

 

The SOL has not passed on the apartment debt and they can still sue on that one as well.  

 

It is generally recommended you not dispute debts they can still sue you for because all you risk is that you wake a sleeping tiger and they take you to court.

 

The phone bill can be disputed off as obsolete.  If they validate it you re-dispute requesting the method of validation. 

 

 Repairing credit is NOT a sprint it is a marathon.  You didn't get into debt over night and you aren't going to get out over night.

[LD-50]

Ok so the short answer is that no, I cannot require the CRA delete items from my report that they did not specifically respond to in 30 days if they respond at all about anything in my letter?  Their response, even if only regarding one thing, suffices their required 30 day response?  Yes?   

[Clydesmom]

Ok so the short answer is that no, I cannot require the CRA delete items from my report that they did not specifically respond to in 30 days if they respond at all about anything in my letter?  Their response, even if only regarding one thing, suffices their required 30 day response?  Yes?   

 

You are misinterpreting the law.  You disputed with the CRAs.  They are supposed to investigate and respond in some kind within 30 days but there are circumstances where the law gives them up to 45 days.  One reason they keep sending emails saying "we are working on your dispute" is because then they can say they DID respond to you even though they didn't have an answer yet.  

 

The next thing you are misunderstanding is the requirement to delete.  If the creditor reporting the trade line does not respond to the CRAs request for validation THEN the CRAs must delete the trade line.   

 

Responding to you on the first one or two items in the letter will satisfy the law.  That is why you don't put too many things in one letter.