KimPossible

TX Resident, 1st CRA Dispute done, 2nd Step

Recommended Posts

I disputed with the big 3. All had the same 4 neg TLs. TU is clean, EX & EQ deleted and keep the same two TLs. 

 

The four TLs were related.

I had a retail credit card (Lane Bryant). In 12/07 the card number was stolen, charged up online and the fraud was reported. I closed the account after fraud investigation was completed and fraudulent amounts removed.

 

6 years later I pulled reports to find 4 neg TLs concerning this account.

OC reports "Transfer/Sold, Purchased by another Lender, etc"

Comenity Banks reports two TLs, with two different account numbers as "Purchased by another lender" and next TL as "Purchased by another Lender, Transferred to another office".

JDB - "Placed for Collection"
 

EQ and EX both removed the JDB and one of the Comenity TLs (same one). Should I do another round of disputes or send letters to the OC?

 

When the fraud happened on my account the card was in the process of being sold to a bank. LB use to handle the cards themselves but now Comenity does. They still do. If I send letters to the OC, do I send to both? Technically wouldn't they both be considered the OC?

 

Being Texas resident do I get use TFC-392 or is that for CAs only?

 

One other interesting thing I noticed is on TUs report it said these were due to be removed 9/13. EX and EQ don't give any removal dates but all 3 showed the last payment date as 12/07. Wouldn't mean the removal date would be 12/14? Thought that was odd.

Link to post
Share on other sites

You can try and use the TFC-392 as it's the states version of the FDCPA. Tell them you thought that this was settled, that it was a fraud case and you had been cleared, they now face being sued for placing innicurate info on your CR.

Link to post
Share on other sites

@KimPossible

 

One other interesting thing I noticed is on TUs report it said these were due to be removed 9/13. EX and EQ don't give any removal dates but all 3 showed the last payment date as 12/07. Wouldn't mean the removal date would be 12/14? Thought that was odd.

 

The 7 year reporting period is based on the OC's reported "date of first delinquency" (DOFD).   That's the date the account went into default (late or missed payment) and was never brought current again.   The DOFD and the date of last payment are not always the same.

 

Here's an example.   Let's say you missed a payment due on 6/15/ 2010.   The account is in default.   The next month, the minimum required balance to bring the account current might be much higher depending on the balance.   In order to bring the account current again, you would have to pay the required minimum balance, and you might have to pay on time for a few months before the account is brought back to a current status. 

 

If make a payment that's smaller than the required amount, or your payments are not timely, the account is never returned to a current status.  Since it has remained in default, that DOFD (6/15/2010) will remain the same.   However, because you made payments, your date of last payment will be later that 6/15/2010.

Link to post
Share on other sites

Thanks TomnTex. I was unclear if that language was for CAs only. I've turned my house upside down looking for the fraud investigation paperwork but I can't find it. I have two more boxes in storage. That's my only hope. Do you think I have to have this or is the burden on them?

 

BV80, What's got me stumped here is the card had a 0 balance until the number was stolen. It was when I got the statement that knew something had happened. I can't recall how long the balance had been at 0. Maybe 6 months. So if the card was paid off and the fraud happened in 12/07 how did TU arrive at the fact that the TLs should fall off 9/13? Why doesn't EX and EQ give this info? Will they give it if you ask? I could have sworn they use to put this on the report. 

 

Part of me is thinking about waiting 30 days and doing another dispute then a 623 letter if I strike out. I'm unsure how big an impact this has on my credit because I haven't had any credit declined. I got a new credit card last summer no problem. I pulled these reports because I was thinking about purchasing my FICO scores. I want to get a new car, or a new to me car, this winter. Then I found this hot mess. :-)=

Link to post
Share on other sites

The TFC is for CA's and JDB's. It should also cover the OC's because it goes futher than the FDCPA. Make sure that in any letters you send out that you refference the TFC-392 to put more teeth into your argument and always send everything CMRRR. Also, stay off the phone if possible, but be ready to record if you must talk. Here in TX it is legal to record them. Your option, at the end of the conversation I might add this conversation has been recorded for accuracy of content.....LOL YES, you really need any evidence you had, hopefully you can get replacement copies from the police etc. Good luck.

Link to post
Share on other sites
Guest
This topic is now closed to further replies.