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Credit card fell off report but still collections

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Anonymous
Not applicable

Re: Credit card fell off report but still collections


@Anonymous wrote:

@Anonymous wrote:

@Anonymous wrote:

By making those 2 payments you may have re-aged the debt allowing the CA to come after you again.

Also,  a collection agency can re-report a debt to the CB's that has fallen off sometimes causing the SOL to be re set.

You can't be sued after a debt reaches SOL unless you have started paying on it or paid it off for an agreed amount. 

It's complicated. Talk to an expert. I'm going through this with an old debt held by one of the dirtiest CA's, MCM.

 


1 -This does NOT apply to credit reporting. It only applies to the ability to sue in court for the remaining unpaid debt, and the rule governing it varies greatly by state.

2 - Doing this is a violation of federal law.


I said making payment 'may' re age debt and it usually does. They can re-report a debt which lengthens the time it will be shown on report-this is what mcm did to me.
Again, this is a blatant violation or FCRA and is grounds for a lawsuit against the CA. The CA's certainly all know this. Yes it does happen, but not "usually". Usually means more than 50% of the time, and if that were the case, this forum would be rife with complaints about that occurring, but in the year that I have been here reading every message posted, Its only been *legitimately* complained about, a handful of times. Most of the time people complaining about it are simply confusing "assigned date" with DoFD. This confusion is often created by third party monitoring sites, both free and paid for, that strip out the DoFD/Fall Off date from their reports. 

They can't sue after SOL but they can try. The ball is in consumers court if that happens but you have to respond.

Yes, one must always respond - BUT In a couple of states its illegal to file suit past SOL, and the CA risks hefty fines by doing so. In at least one state, expiration of SOL legally discharges the debt. The SOL laws vary greatly by state. 

 

"Doing this is a violation of federal law." And you think CA's follow the law? Honestly, they do "most" of the time, but yes, there are plenty of rogues out there.They are hoping that the average consumer will cave and  give in to intimidation and not scan documents for changes in dates, etc. that the CA may have made.

This all depends on your states law which is why I said it's best to seek a lawyer\expert.

Thats always a good idea when in doubt.

 

 


 

Message 21 of 26
Anonymous
Not applicable

Re: Credit card fell off report but still collections

Yes, and another thing that gets many people ( including me ) confused:

Date of Status=the last time the CB was given updates ( this is what the CB's tell me anyway) 

Date Reported= usually means date of last activity or payment

 

I actually got a human person today @ Experian re: the 2 bads I have & problems with mcm. One acct. was moved to 'accts in good standing' showing O bal & that's it. The Rep said this will show as a good acct. to creditors & will stay on for 10 years like any other 'good' acct!

The other neg will fall off in July '16 but he said they will remove it in March if I call.

Have to remember that re building is a long process & lots of work, patience, ugh. I have opened lots of new accts in the past few months while going through this so it's possible to  still get many approvals depending on your report & your persistance! 

 

Message 22 of 26
Anonymous
Not applicable

Re: Credit card fell off report but still collections

Ok an update I pulled my experian and I cannot find a dofd date but what I do see next to each of my collection accounts is a note that is stating "this account is scheduled to continue on record until X" the X is the date. The card that was in question says July,2016. Does this mean it is scheduled to be deleted from collections on this date? I have 3 separate cards saying some date in 2016. But all 3 are older then 7 years.
Message 23 of 26
Anonymous
Not applicable

Re: Credit card fell off report but still collections


@Anonymous wrote:
Ok an update I pulled my experian and I cannot find a dofd date but what I do see next to each of my collection accounts is a note that is stating "this account is scheduled to continue on record until X" the X is the date. The card that was in question says July,2016. Does this mean it is scheduled to be deleted from collections on this date? I have 3 separate cards saying some date in 2016. But all 3 are older then 7 years.

Equifax will show the DoFD.

Message 24 of 26
Anonymous
Not applicable

Re: Credit card fell off report but still collections

I'm reviewing the whole report I don't see dofd anywhere
Message 25 of 26
Anonymous
Not applicable

Re: Credit card fell off report but still collections


@Anonymous wrote:
Ok an update I pulled my experian and I cannot find a dofd date but what I do see next to each of my collection accounts is a note that is stating "this account is scheduled to continue on record until X" the X is the date. The card that was in question says July,2016. Does this mean it is scheduled to be deleted from collections on this date? I have 3 separate cards saying some date in 2016. But all 3 are older then 7 years.

'this  account is scheduled to cont on record until  xxxx'

Yes, xxxx is the date it is supposed to fall off.

Eq. does show your dofd, it may be worded differently; 'date reported', etc.

Message 26 of 26
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