Positive accounts stay posted for 10 years. What is the exact date of the DOFD? CRTP is 7 years + 180 days from the DOFD. Maybe it's still in the 180 days part.
July 2013 score: EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
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Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!
June 2017 update: All scores over 820, just pure gardening now.
@rohardi wrote:
I have an account with National Grid that went in to collections in 2005. I have disputed this with the credit agency as out dated information and National grid confirmed the info on my report was correct and refused to remove it. I called National Grid and they insist under STATE law, they can report this item for 10 years. I have documentation as to when the account is charged off on National Grid letterhead. The balenc on this account is $750, I nitaly I was thinking an intent to sue letter with a settlment option of deleation of the info from my credit report and zeroing out my account. This would be less than the $1000 they would owe me for their FCRA violation. How should I proceed?
Before you threaten to sue, make sure your not still within SOL for this debt. That may be what they are thinking of when they say 10 years....
I'm in RI and I know depending on the debt the SOL can be 10 years (I think a utilitiy bill would fall under that). So in essence they could be claiming that because its still within the SOL, that they have the right to keep reporting it.
Remember even though you could sue and win $1000, they could also sue for the 750 and then you'd have a fresh new JUDGEMENT on your account that yes you could use your winnings to pay off immediatly but you'll take a hit for 10 years just with the judgement....I don't think its worth it.
Find out what the SOL are in your state...if its still within them, BE CAREFUL how you go abouts this. If its out of SOL then you should send a letter to them as well as the CRA stating this debt is well beyond the CTRP timeline and must be removed immediatly and that you may or may not reserve your right to pursue the 1000 damages that are allowed under the FCRA.
If it went to collections in 2005 then its just at that 7 year mark so make sure its past 7+180 from the DOFD too...(if you have to wait a couple months, just keep quiet till day 181 and then if its still on your reports send out those letters.
also I can't stress this enough NEVER THREATEN TO SUE SOMEONE UNLESS YOU ACTUALLY ARE GOING TO DO IT! sorry just want to make sure that was clear. Only say that you MAY reserve your right to file suit if the matter isn't resolved. NEVER say "i'm going to sue you if this isn't fixed" because they then can come after you if you DON'T. Saying that you MAY reserve your right just means you may or you may not and if you don't then they can't come after you for claiming a false suit.
scarrollprint had some good advice there. What state do you live in and what is the SOL of your state. Perhaps they have the SOL and the CRTP confused. Some states have a 10 year SOL and can still sue you even if the item has fallen off your report. You should seriously check that out. Good Luck!
July 2013 score: EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
Take the myFICO Fitness Challenge
Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!
June 2017 update: All scores over 820, just pure gardening now.