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Reporting? OC Shocked and Suprised me


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1. Repo in 10/2009

2. No Notice of Deficiency, assumed there was none.

3. CRA's showed Charge-off  Zero(0) Balance due

4. No contact/calls/letters from OC, lived at that address for another 18 months

5. Checked CRA's periodically, always same Charge-off zero balance

6. Moved in 2010, change of address with USPS

9. Bought house in 2012, credit reports from underwriter, showed Charge-off, zero balance, Mortgage approved

10.; Refi in 9/13, also approved, same report., underwriter noted some discrepancies on late reporting on that account, suggested I get correction

11. Online request to correct made to Experian and Equifax in 9/13

12. Stunned when OC reported a 5 digit past due deficiency balance on all 3 credit reports. Scores dropped about 80 pts across the board

13. Wrote OC for explanation and goodwill: no goodwill in their hearts, said they could not locate me for the entire period

14. It's past SOL. OC acknowledges that

15. How would you attack this? Violations? Deceptive attempt to collect an out of SOL debt on their part?

16. Live in Texas

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You are correct. In Texas under their code: 2 years null and void, even the OC acknowledges that the debt is beyond SOL. My dispute is over their reporting for 4 years a zero balance then the change. Is that a violation of something? Texas DTPA may be an avenue.  FDCPA doesn't apply here as they are the OC.

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Do you have your old CRs where it says 0 balance? The excuse that they can't find you is not a reason to hide the "balance" for so long. Normally they can only zero one out after the account is sold. I would definitely check the Texas laws concerning this. An experienced FDCPA should give you a free consultation concerning this. 

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