Last Date of Activity

[bgirl]

What is the name of your state? North Carolina
I recently looked at my credit report. There was a credit card that has been sent for collection. I wanted to view the last date of activity, because I'm pretty sure that the SOL has been reached. On the credit report, there was NO last date of activity listed. What should I do, or how can I find out the last date of activity? The original creditor is no longer in the picture, since they have sold this to a collection agency. Advice?
Thanks,
bgirl

[Ladynred]

Call the credit bureau and ask them for that date. I think only Equifax actually reports that DOLA, which is stupid since it's required by the FCRA. Have you pulled all 3 reports ??

Is there a charge-off date listed, there usually is ? The DOLA would be approximately 180 days PRIOR to that charge-off date. If the charge-off date is more than 3 years old, you can certainly use the expired SOL to send them a cease and desist letter.

[bgirl]

Yes, I have pulled all 3 reports. I think that this is a case where the collection agency has altered the DOLA. This is the 2nd collection agency that has had their hand on this. When I spoke to the collector, she told me that the last activity was in 2004. I just want to get the correct date so I can send them a letter. Thanks for your help. bgirl

[bgirl]

OK, so now I am a nerous wreck!! I just answered my phone by mistake, and the conversation quickly turned ugly!! I did try to call Equifax today, and could not get through to find out my DOLA. So when I had this guy on the phone, I asked him what the last DLOA was and he told me 11/28/03. Can I go by that, or does it have to be on the credit report? Someone help me please!! I cannot believe I have let myself get into this. I am really depressed. thanks to anyone for advice...bgirl

[Ladynred]

IF they have 11/28/03, then the NC SOL ran out in 2006 !!! If that's what they told you, use it - they still lose because it's out-of-statute. The original creditor was required, by law (FCRA) to report the date of first delinquency. Any changes to that date is illegal re-aging -by whoever did it.

Do you have the charge-off date on your reports ?? You can at least get in the ballpark for DOLA using that charge-off date (typically 180 days past due).

[bgirl]

Thanks! I know they will call again, so should I tell them, or send a letter? I think I read somewhere that if you send a c & d letter you should also dispute the debt, because if you don't dispute, you are technically agreeing that the debt is yours. Do you have a link to a good letter? I really appreciate your help. bgirl

[Ladynred]

Don't TELL them anything, you don't have to even talk to them. WRITE them the C&D letter. There is absolutely no need to dispute the debt with a C&D, just tell them to take a hike. You can find some sample C&D letters at [url]www.creditinfocenter.com[/url] - make sure you send the letter certified, RRR and keep copies of everything, including the green card. Once you C&D they have to stop calling you, although they are allowed 1 final phone call to inform you of their actions - most don't. Any other calls would be a violation of the Fair Debt Collection Practices Act.

[bgirl]

OK, thanks. I finally got in touch with Equifax, and they said it would take about 45 days to dispute the DOLA. Do they contact the CA , and tell them it is being disputed, and advise not to call me?
I hate to be so crazy about this...I went through a debt negotiation program a few years ago, and this 1 account was not settled. I thought it had been charged off......(my fault),
Now I cannot find any info on the debt negotiating company...other than the fact that they lost a suit with the Florida Attorney General's office, and have to reimburse their clients up to 230,000. I wanted to try and get my records from them.
I appreciate your help so much. Bgirl

[debtcollector`]

Originally Posted by bgirl

I hate to be so crazy about this...I went through a debt negotiation program a few years ago, and this 1 account was not settled. I thought it had been charged off......(my fault),

If that company made a payment on the account for you, the SOL restarted with that payment. You should be sure before you invite a lawsuit.

DC

[bgirl]

I am sure they did not make a payment on the account. The debt collector even told me that the DOLA was 11/28/03.