     Cindy (Cindy) | Tuesday, April 24, 2001 - 11:40 am 
I have an old charge-off from about 5 years ago. It recently was bought (in Jan) and is being reported as a new collection account on my credit report. I want to dispute it. Do I dispute the dates? What section of the FCRA do I cite? I read Christine's thread & I'm still confused, but I do know I have the right to not have to pay for this another 7 years.
Thanks!
P.S. I have really gleaned alot of great info from this site. Thanks to everyone who advises!
:-) |
| Christine Baker (Admin) | Tuesday, April 24, 2001 - 08:06 pm
Cindy, just dispute the date. You do NOT need to cite any sections of any laws.
It's the Date of Last Activity that's so important, AND that they don't report as Inovision did: Currently delinquent and open.
If you post exactly what's reported we can tell you what exactly to dispute.
I do know I have the right to not have to pay for this another 7 years.
You don't have to pay, but they can sue you until the SOL expired (usually NOT 7 years, varies by State) and if they get a judgment they can garnish your wages or file liens on your property.
It IS confusing, please post any more questions. |
| Cindy (Cindy) | Wednesday, April 25, 2001 - 08:00 am
Well, it's from a Citibank credit card ($953.00). My husband & I both had job lay-offs in '93, and we struggled with late payments. The account was sent to a collection agency who used what I now see as illegal strong-arm tactics. I didn't appreciate the way they treated me & basically told them to kiss off & call back when they were ready to play nice. They eventually gave up. An old credit report shows the last activity as 1/96. That's probably about right.
Now it's been recently sold to Gulfstate. Equifax shows it reported 01/01 and date of last activity 7/97. Experian shows recent pmt/balance as of 12/2000, past due as of 12/2000. TU doesn't show it at all.
Now that we're back on our feet, I was just going to pay it off....until I read a post saying that wasn't wise on old debts. I'm not sure what to do at this point. If I have it deleted, will they put it back on? I'm sure they'll still hound me for the $$. |
| Cindy (Cindy) | Wednesday, April 25, 2001 - 08:01 am
Also, does the SOL on the amount owed count back to the original debt, or does it start anew when the account is sold? |
| Christine Baker (Admin) | Wednesday, April 25, 2001 - 10:09 am
Experian shows recent pmt/balance as of 12/2000, past due as of 12/2000
I recommend you do a keyword search for Inovision and read everything.
Or, if you don't have the time, dispute the OPEN and currently DELINQUENT status with Experian. (The DLA with Equifax) It should be listed as a collection with the correct date of last activity. Use the date when you first got behind without ever getting the loan current again. You mention 93, if the account wasn't current for over 7 years it might go away entirely.
Also, DISPUTE the debt with the collection agency directly and and demand the promissory note and account history, via certified mail or independently verified fax.
If they don't fix it because the collection agency VERIFIES the OPEN status and the CURRENT delinquency, SUE!
Re. SOL: The SOL is STATE law, check your State's exact definition. It is NOT restarted when the account is sold. |
| Cindy (Cindy) | Wednesday, April 25, 2001 - 11:37 am
Christine, thanks so much for your help! I'm going with your advice. |
| Shylock (Shylock) | Thursday, April 26, 2001 - 03:36 am
In addition to any dispute you send to the credit repositories you should send seek to get something from the current debt owner documenting the original date of delinquency. |
| Cindy (Cindy) | Thursday, April 26, 2001 - 05:52 am
I wonder if they even have that? I suppose if they do have it, I'll strike a deal with them, and if they don't....then it's my choice? |
| Christine Baker (Admin) | Thursday, April 26, 2001 - 08:04 am
Shylock, I expected that the original date of delinquency would be part of the account history.
Also, DISPUTE the debt with the collection agency directly and and demand the promissory note and account history, via certified mail or independently verified fax. |
| Cindy (Cindy) | Thursday, April 26, 2001 - 04:12 pm
You know, I was just at another message board & they have a whole section on dealing with Gulf state. Sounds like they are an absolute nightmare to deal with! They're even harrassing the EMPLOYER of someone. Their tactics sound very illegal & nightmarish. There are apparently many suits against them. I'm thinking about sending their mail back 'addressee unkown'. They obviously don't have my phone #, or they'd be calling me early am & late pm. I'm going to use these suggestions here, but I have a sick feeling that it'll go beyond that.
Oye, vey! |
