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Hello! I was hoping someone would provide some advice. I have a legit charge off from Jefferson capital that is pif and closed. I tried a gw letter and not only did they deny they sent me the letter 3 times for my one request. Lol anyway, I was looking back on the letter I got from them to confirm I paid the account in full and at the bottom of the letter it states "due to the age of your debt, we cannot sue you for this debt nor can we report it to the credit bureaus". Do I have a leg to stand on if I file a dispute? I know going back to them probably won't help. Any advice? It clearly states in the letter they aren't reporting this debt to the bureaus. It is not an old debt though just as an FYI. Thanks in advance!!
6/16/16 - Success! I got a response through a complain to the CFPB (I did one for them and BBB). They responded today "due to the correspondance sent and to resolve this matter, we have contacted the reporting agencies to remove our tradeline"
Hopefully this will push me into the 700's. I quickly contacted the BBB to hopefully rescind my complaint (they have not done anything on it yet).
Total CL: $321.7k | UTL: 2% | AAoA: 7.0yrs | Baddies: 0 | Other: Lease, Loan, *No Mortgage, All Inq's from Jun '20 Car Shopping |
In my opinion, no.
There is no basis under the FCRA, FDCPA, or any regulation for requring their deletion.
To the contrary, they are complying with a long-standing reporting policy of the CRAs, as set forth in their credit reporting manual and their credit reporting agreement.
The cahrge-off is admittedly valid, so their reporting is not inaccurate.
The statement made in that form letter has been posted many times by others. It is sent when both SOL and credit report exclusion have expired.
The fact that they sent it when only SOL has apparently expired does not make it a binding contract. The consumer has not entered into any such prior agreement and has not provided anythnig of value to make it a binding legal contract. It is simply an overlly broad and incorrect statement of their now clearly stated position.
Their letter is not credit reporting, and thus does not constutute any inaccuracy in reporting upon which to base any dispute.
There is no violation of the statute, and their letter is not a valid contract between the parties.
I appreciate everyone's feedback. I filed with BBB anyway as it seems like it is worth a shot. Nothing lost if they don't do anything about it.
Yeah they're very responsive to BBB complaints. Several members myself included have achieved deletion via BBB complaint.
You may have the oppostite effect of burning the good-will bridge.