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heather06

? on disputing old collection that is outdated - came back verified

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I need some direction on a dispute I made on an old collection. I had a car repossessed 8 years ago and it was sold after they repossessed it. They reported that I still owed $2800 but the account is 8 years old and fell off my report 2 years ago.  All of a sudden a few months ago I get a ding on my credit from collection agency stating I owe the $ and that it was reported as of 10-2015 which also stated I made a payment in 9-2011 which I NEVER made. I disputed with Transunion that I never made a payment to this collector and that the information is inaccurate and that statute of limitations is up on the original debt. They came back saying the account was verified. :{  What do I do from here? Don't want to wake a sleeping giant by contacting the collection agency but I did NOT make any payment to Southland (OC) OR this collection agency after the car was repossessed. The last payment on the car was made around 8 years ago. I have read that the statute of limitations is 7 years + 180 days after the loan was in default (I'm in California). Can't I legitimately get this removed? Please advise! TIA!

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4 minutes ago, heather06 said:

I disputed with Transunion that I never made a payment to this collector and that the information is inaccurate and that statute of limitations is up on the original debt. They came back saying the account was verified. :{  What do I do from here?

Send a method of verification letter to the credit bureaus asking for HOW and with WHOM they verified this debt.  If that doesn't get it deleted then there are other steps to follow.

5 minutes ago, heather06 said:

Don't want to wake a sleeping giant by contacting the collection agency but I did NOT make any payment to Southland (OC) OR this collection agency after the car was repossessed.

You cannot wake a sleeping giant on this one.  They are completely in the wrong on this.  The SOL to sue on the deficiency balance has long since expired (even if you had made a payment 6 years ago)  and they cannot legally report it.  What the CA is doing is illegally re-aging the account.  At the same time of sending the MOV letter I would send and Intent to Sue letter to the CA stating that they have violated the FDCPA and FCRA by illegally re-aging the debt and reporting that false information to the credit bureaus.  

7 minutes ago, heather06 said:

Can't I legitimately get this removed?

Not only can you get it removed you can quite likely get them to pay you for the violation.

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21 minutes ago, heather06 said:

I need some direction on a dispute I made on an old collection. I had a car repossessed 8 years ago and it was sold after they repossessed it. They reported that I still owed $2800 but the account is 8 years old and fell off my report 2 years ago.  All of a sudden a few months ago I get a ding on my credit from collection agency stating I owe the $ and that it was reported as of 10-2015 which also stated I made a payment in 9-2011 which I NEVER made. I disputed with Transunion that I never made a payment to this collector and that the information is inaccurate and that statute of limitations is up on the original debt. They came back saying the account was verified. :{  What do I do from here? Don't want to wake a sleeping giant by contacting the collection agency but I did NOT make any payment to Southland (OC) OR this collection agency after the car was repossessed. The last payment on the car was made around 8 years ago. I have read that the statute of limitations is 7 years + 180 days after the loan was in default (I'm in California). Can't I legitimately get this removed? Please advise! TIA!

I agree with @Clydesmom.

Perhaps @calawyer will respond.

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You might reach out to consumer attorneys in your area.  Sounds like a pretty good  re-aging case.

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Thank you @calawyer and @Clydesmom. I will definitely follow up with MOV letter to Transunion. I believe it is also on my Equifax report but am waiting to receive a copy in the mail of that credit report. I do not have any experience with suing for re-aging. I felt like it was a concrete re-aging situation but wanted to make sure I had my facts straight before making my next move. Is it within my interest to take the time to follow up with a consumer attorney & If so where would I find information about how to contact one? Honestly - I just want it off my report. The reason the car was repossessed was that I was pregnant and put on bed rest and unable to work which threw us completely under and we lost our house and everything at that time. Here I am 8 years later finally trying to climb out of that hole and have excellent payment history on credit accounts that I was finally able to get 2 years ago. My score was steadily improving and then this happened and dropped my score like 50 points! :{  I sent my dispute online to Transunion through their dispute site. Should I follow up via written letter or should I dispute again online with the MOV letter? Thanks so much for your guidance. Much appreciated!

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2 hours ago, heather06 said:

Is it within my interest to take the time to follow up with a consumer attorney & If so where would I find information about how to contact one?

Yes.  You can find one here:  Consumer Attorneys

2 hours ago, heather06 said:

Should I follow up via written letter or should I dispute again online with the MOV letter?

ALL disputes should be in writing.  DO NOT use the online dispute you lose some of your rights when you do.

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Thank you @Clydesmom! I made the initial dispute online :( but will make all others via written letter.  What rights would I have lost by doing the initial one with Transunion? thanks again for your guidance!

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I need guidance on how to handle MOV. I have read that you should call CRA first and ask for method  of validation then follow up with Collection Agency with what credit bureau gives you and ask them for more information. Is this the most beneficial way of doing things or should I just send a MOV letter via certified mail and go through the process that way so I have a track record?

I was told to find proof of last payment and since this was so long ago - all I could manage to find was an old bill from Original Collector stating I paid in Nov 2010 but apparently was still a month behind at that time. Will that suffice as proof of timeline or do I need to go back to original collector to get proof from them? Original loan with Southland credit union - car was repossessed in 2009. The new agency that started to report this Modern Adjustment Bureau and it appears they deleted the previous reporting this last month and entered a new one stating it was a collection.  I also have an old credit report from Jan 2015 that has Southland on it that reports KD from 2013 on. Not sure what I can use for proof besides those things...

Thanks for your help!

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2 hours ago, heather06 said:

I need guidance on how to handle MOV. I have read that you should call CRA first and ask for method  of validation then follow up with Collection Agency with what credit bureau gives you and ask them for more information. Is this the most beneficial way of doing things or should I just send a MOV letter via certified mail and go through the process that way so I have a track record?

I was told to find proof of last payment and since this was so long ago - all I could manage to find was an old bill from Original Collector stating I paid in Nov 2010 but apparently was still a month behind at that time. Will that suffice as proof of timeline or do I need to go back to original collector to get proof from them? Original loan with Southland credit union - car was repossessed in 2009. The new agency that started to report this Modern Adjustment Bureau and it appears they deleted the previous reporting this last month and entered a new one stating it was a collection.  I also have an old credit report from Jan 2015 that has Southland on it that reports KD from 2013 on. Not sure what I can use for proof besides those things...

Thanks for your help!

Get a consumer attorney ASAP.  They clearly are re-aging the account which is illegal.  The attorney will take the case on contingency meaning no cost to you.  This bottom feeding CA will be paying you.

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I wouldn't worry about the MOV on a blatant violation like this.  I would just call a consumer attorney.  A simple google search for your city/state and "FCRA" or "FDCPA" will find attorneys who do this type of work.  They don't even have to be very close to you since, usually, most of this work can be done via email and phone.  I would talk to at least 2 different attorneys, if not more, to get a few different opinions on the issue.  One of them may want to take your case with no cost to you.

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Yep, My FDCPA Attorney was in NY, and I am in Colorado.  The lawsuit they file is in federal court, so they can be in any state. I doubt it will go that far, but if it did, it would most likely be the federal court closest to you.  A good FDCPA lawyer will take your case on contingency. 

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Ok So I'm back again..... It took me awhile to find a lawyer and after doing some further investigating found that my dates were off.  Apparently the last payment made to Southland was in November of 2010 and the car was repossessed after that. The lawyer stated that they can still report the collection for 7 years since the default so unless I can get them on a wrong date, balance or some other fact then they can report it.  The last statement I have shows a payment due in December 2010 but for twice the amount of my regular payment so it appears that I was still a payment behind in Nov 2010 by one payment. I thought that it cant be reported past the initial date of default. ??? Does that mean that the reporting clock starts from the first time I became late? The lawyer is saying that since the last record I have is payment on Nov 2010 - they can report for 7 years.

I already disputed this with TU which is the only credit bureau it is reporting on. It came back verified back in Dec. 2016.  At this point - should I send a MOV letter asking how they verified this & with whom? Can I still do this even though it has been 6 months since I initially disputed it?  When the lawyer thought the initial date was 2009 - they were going to have me sign a letter to dispute with bureaus saying the account was not mine. As of right now the new collector, Modern Adjustment Bureau, has it listed as a collection/charge-off account and states it is 1 year, 7 months old and is showing as a collection account on my credit report that is under 2 years old when in actuality it is nearly 7 years old! :{.

Please advise what my next steps should be to try and get this removed from TU. I already had one of my credit cards decrease my credit limit because of the collection. :[

Thanks for all your help!

 

 

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9 hours ago, heather06 said:

Apparently the last payment made to Southland was in November of 2010 and the car was repossessed after that.

If the last payment was November 2010 then they can report until November 2017.

9 hours ago, heather06 said:

The lawyer stated that they can still report the collection for 7 years since the default so unless I can get them on a wrong date, balance or some other fact then they can report it.

This is correct.

9 hours ago, heather06 said:

The last statement I have shows a payment due in December 2010 but for twice the amount of my regular payment so it appears that I was still a payment behind in Nov 2010 by one payment. I thought that it cant be reported past the initial date of default. ???

No.  There are some circumstances where a significant payment like that can reset the SOL for reporting and suit.  A double payment would likely trigger that.

9 hours ago, heather06 said:

As of right now the new collector, Modern Adjustment Bureau, has it listed as a collection/charge-off account and states it is 1 year, 7 months old and is showing as a collection account on my credit report that is under 2 years old when in actuality it is nearly 7 years old! :{.

The account with THEM is 2 years old.  They cannot report the time prior their getting the account.  Updating monthly is the new thing for CAs because they know it kills your FICO score.

9 hours ago, heather06 said:

Please advise what my next steps should be to try and get this removed from TU.

Wait a few months and dispute it as obsolete again.  You are really close to when it will fall off automatically and sometimes the bureau will delete a little early.

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Thanks Clydesmom! I was told when I first posted on here to send a letter to TU asking How & with Whom they verified the info with. Do you think this is worth a shot? It's been over 6 months since my initial dispute with TU when it came back verified in December 2016. Just to be clear - I did not make a double payment in November of 2010 - it was a single payment but my statement shows I owed double the amount the next month so it appears I was still a month behind in November of 2017. Would that change anything? Or is it 7 years from my last payment I made to them regardless of whether i was still behind or not?

What do you mean to dispute as obsolete? I have never heard of that. Do you mean dispute as not mine? I would rather not sit on this for another few months if there is ANYTHING i might be able to do in the meantime.

Thanks for all your help!

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