Ok.. someone please explain.

[tigger22472]

What is the name of your state? Indiana

Ok.. A while back I wrote here about something on my credit report from an apartment that I rented in the early 1990's. Here's the story.. Rented the apt. from 3-1990 thru 2-1991. Two weeks after moving I got a letter from a CA telling me I owed like over 800$ in charges. I contacted them and got a list of things and I disputed most of them.. agreeing to pay 324$ at 50$ a month until it was paid off... so far before 1991 ended this account was taken care of.... Fast forward to 2003. I got a credit report when I bought my house on contract and this apt was still on there. I contacted the number on the CR for the CA and it wasn't valid. Finally I wrote the Credit Bureau to dispute this claim on my report.... I got a letter today stating..."This creditor has verified to CSC that this item has not been paid in full". The creditor has also said the last activity was 10-1997 which is also untrue. The credit bureau gave the address and phone number to the CA.. which BTW.. I did try to contact before but the phone number is invalid and disconnected. I have no proof that I paid this creditor but I believe what happened is that the original amount was put on the credit and the pay off was taken off leaving the remaining that was agreed that I was not responsible for.

Now for my questions...How do I dispute this now other then calling the credit bureau on Monday morning? Also ... aren't they required to give me accurate information in order to contact the CA?

 

[bigun]

Absolutely, they must provide accurate contact info. Tell them the phone # is no good and demand a mailing address.
I'd send a letter to the collection agency informing them this debt has been re-aged and threaten to sue them if it's not removed in 3o days. Send it CRRR and the moment you get the green card back dispute again {CRRR} that the account is obsolete and illegally reaged.
If they give you any guff about contact info, ask them how theyw ere able to contact them to verify the debt?

 

[tigger22472]

Thanks... I will definately be calling the Credit Bureau on Monday The one thing I have going for me is even if I never paid them a dime.. which I did... they have NO proof that it was me that made a payment in 1997! and that is where I will have them. Also.. can I require the credit Bureau show ME how they validated the debt? What I mean is doesn't the CA have to show them proof that I owe it or that I paid in 1997?

 

[bigun]

You have the right to demand a reinvestigation and after that, you may demand a procedure request. Plus, payments do not restart the reporting clock. Here's an FTC opinion letter.
http://www.ftc.gov/os/statutes/fcra/johnson.htm


Thus, Congress intended to establish a date certain -- the start of the delinquency -- to begin the obsolescence period (now seven years, plus 180 days).(2) The alternate view stated to you (that the date of reporting controls) is at variance with both the plain language of these amendments, and the intent of Congress in enacting them.

In sum, we believe that the phrase "commencement of the delinquency that led to the action" in Sections 605(c)(1) and 623(a)(5) of the FCRA should be construed according to its normal meaning. If a consumer falls behind on an account and never catches up, the delinquency has its "commencement" when the first payment is missed. From that point on, the account is past due and thus delinquent.

 

[tigger22472]

So if I understood that correctly then in this situation in 1991 when I technically paid off the amount due yet they didn't report it that in 1991 it became deliquent... correct? so no matter even if I did make payment then the deliquent date still stayed 1991, then 7 years later... in 1998 it should of been removed? If that is the case then wouldn't the credit bureau know this? I went directly to them to dispute this claim in the first place because first off I believed it should of been removed.. and secondly I didn't want to open a can of worms with a collection agency as we all know what A holes they can be.. I have an address to the CA.. with an invalid phone number but I'm not even sure the number is correct. However if the credit bureau is the one the isn't doing this correctly wouldn't it be better to deal with them?

(i'm sorry I'm being a pain . I have been working on this CR for a while and even paid off some things recently.. just want to make sure I understand correctly.)

 

[tigger22472]

wait... wait.. wait.... I just saw something!! With this letter from the Credit Bureau it gave me a condensed version of my Credit Report. On this particular account it say...


Balance 450$
Past Due 450$
Scheduled pay amount 325$ (which is what I did pay)

Date of last Activity 10/1997

Then under that it says... "account HIstory with status codes"

for 2/99 it say 5... which is over 120 days past due

then for 10/1997 it says 9 which is 'charge off"

there are different ones of these for each account on the record so that would be for THAT one only.. so according to that it says that it was charged off in 10/1997... now once they charge off they can't claim you owe it correct?

 

[bigun]

This thing has been reaged plain and simple. The CRA just checks with the data provider. Likely all they did was run the CSC tape.
Do as I suggested. Inform them the account has been reaged and to delete or, you'll sue. Dispute again with the CRA as obsolete and illegally reaged. It does not matter if anyone paid anything in 1997. The reporting SOL is 7 years from the orginal deliquency.
See the thread just below from Ameliaf. The Nelson case allows you a right to private action and the Johnson case requires data furnishers to maintain reasonable procedures and not report unverifable information. Reaging is unresonable-not to mention illegal.
If they refuse, start looking for a lawyer. You ought to be able to sue both the collection agency and the CRA.

 

[Dolphindan1]

Go check out this websites info and its forum...they will give you lots of great advice and sample letters to send

WWW.creditinfocenter.com

 

[tigger22472]

update

After a long trying week last week I finally sat down with all of this today. I tried calling the Credit Bureau to get a number to the CA but didn't get an answer. Finally I found it..(the CB had the wrong Area Code listed). At any rate the lady at the CA was very nice.... first experience of THAT happening. She told me that it was listed as last activity in 97 because they had changed systems.. But she todl me she is sending me a copy of the paper that she is sending to the CB to have it removed. She was very apologetic ... (but I got her name just in case.).