Please show me what section in FCRA states a CA can not report to my CR after 11 years which is 5 yrs past SOL in NY

[legend0710]

What are Zombie Debt Collectors Legally Prohibited From Doing?

Collectors of zombie debt may not report your old debt to a credit reporting agency, or threaten to sue you for the debt, provided it is debt that has already reached its statue of limitations.

 

Hello guys and Gals long time no see I started here so many years ago and all my credit scores are 798, 787 and an 803 yey!

 

So, having lived with awesome credit now for years thanks to you all, I recieved a nasty phone call from Dynamic Recovery SOlutions out of SC. Long story short, this was a phone (landline) 11 years ago in 2002! New York SOL is 6 years and they told me on the phone (I didnt talk to them) that they know they cant sue me but can place it on my CR!

 

Please if someone could show me where it states that they can not do this because of it being time barred or otherwise past the SOL, and not because they havent validated etc....

 

PS: Doc still around?

 

[willingtocope]

See the FCRA link at the top?  Scroll down to

c) Running of reporting period.

(1) In general. The 7-year period referred to in paragraphs (4) and (6) of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.

 

 

 

 

which basically means they can legally only report for 7-1/2 yrs after the date of first delinquency with the original creditor.  Doesn't mean they won't try...

 

And no,doc hasn't been around for awhile...

[admin]

So, having lived with awesome credit now for years thanks to you all, I recieved a nasty phone call from Dynamic Recovery SOlutions out of SC. Long story short, this was a phone (landline) 11 years ago in 2002! New York SOL is 6 years and they told me on the phone (I didnt talk to them) that they know they cant sue me but can place it on my CR!

Despicable. 

[WhoCares1000]

I hope you got a recording of that call as they also violated the FDCPA by threatening an action they cannot legally do.

[willingtocope]

I hope you got a recording of that call as they also violated the FDCPA by threatening an action they cannot legally do.

 

You know,I was wondering about that...I'm thinking they could legally report it.  If they did report it withou the DOFD (which is likkely), it would be up to the OP to dispute it with the CRAs.  Then, assuming the CRAs caught it...the JDB could just claim clerical error.

 

Not cool...but not illegal.  And probably a practice the CFPB might take an interest in.

[legend0710]

You know,I was wondering about that...I'm thinking they could legally report it.  If they did report it withou the DOFD (which is likkely), it would be up to the OP to dispute it with the CRAs.  Then, assuming the CRAs caught it...the JDB could just claim clerical error.

 

Not cool...but not illegal.  And probably a practice the CFPB might take an interest in.

 

Whoa, wait not illegal to report this on my credit reports?

[legend0710]

You know,I was wondering about that...I'm thinking they could legally report it.  If they did report it withou the DOFD (which is likkely), it would be up to the OP to dispute it with the CRAs.  Then, assuming the CRAs caught it...the JDB could just claim clerical error.

 

Not cool...but not illegal.  And probably a practice the CFPB might take an interest in.

[willingtocope]

What I'm saying is...there is a difference between reporting incomplete data (as in leaving off the DOFD) and reporting inaccurate data which IS ILLEGAL according to the FCRA.  But, if they did report, you'd have to prove it was intentional or else they would claim "clerical error".

 

If they do report it...you can dispute it with the CRAs and probably get it removed.

[WhoCares1000]

What willing is saying is that there is a loophole where they can report incomplete data rather than inaccurate data. The burden of proof is then on you to prove that they intentionally did it. What they would hope to accomplish by doing this is to mess up your credit at a time when you are applying for a loan because although it can be removed, it will take 30 - 60 days, even if there is no fight.

[legend0710]

Ahhh gotchya, I see what your saying. I never did get as far as recording phone calls even way back then so I didnt get her telling me they were going to. No biggie, I will watch for anything to show up as I do subscribe to credit monitoring and I will take care of it immediatley. Thanks for the help