topic Re: SOL in General Credit Topics

SOL

Anonymous — Wed, 18 Mar 2009 15:21:34 GMT

I have been working on my credit report and trying to get it fixed up. I have a question on SOL. On my report the account is posted as follows:

AFNI Account # 202335XXXX Account Type Collection Account

Balance $0.00

Date Opened 5/7/2007

Account Status Closed Mo. Payment

Past Due Payment Status Payment after charge off / collection

High Balance

Limit Terms Comments

Now, the account was not opened in 2007. It was opened with Tmobile long before that. Can I somehow prove that this account was for an older accountand that the SOL has been reached?

Thanks!

Nikki

Re: SOL

llecs — Wed, 18 Mar 2009 15:29:56 GMT

AFNI's opened date was likely 2007, but as you pointed out, the DOFD (which is what you need) is long before that. You can find DOFD via T-mobile if they are reporting. If not, then pull your CRs directly from the CRAs. You can do so for free via annualcreditreport.com. Look for DOFD (on EQ) or you can also find it by subtracting 7 yrs from the drop off dates listed in TU and EX.

BTW, the balance is $0. Did you pay it? If so, SOL is no longer an issue.

Re: SOL

Anonymous — Wed, 18 Mar 2009 15:37:17 GMT

Thank you for your reply, I have all 3 credit reports pulled and there is no account directly from tmobile on the report. I did pay in full but I wanted to know if it could be deleted all together. Also, since it is paid, does it still affect my credit score?

Thanks!

Nikki

Re: SOL

llecs — Wed, 18 Mar 2009 15:57:47 GMT

You don't need to worry about SOL then. SOL is the statute of limitations set by each state by which a creditor can sue you for an unpaid debt. Since paid, they can't sue.

However, I bet you are wondering about CRTP or the time limit set by federal law by which a debt or account can report. It is 7 years for most baddies from the date of first delinquency (DOFD). Again, if you look on your org. reports, you can find the drop off date and/or compute DOFD.

A paid CA is just as bad (and sometime worse...in the short term) as an unpaid CA per your score. You'd want it off if you want a score boost. Your only option is to send AFNI a GW letter asking them to remove it.

Re: SOL

Anonymous — Wed, 18 Mar 2009 16:09:05 GMT

Sorry to keep asking questions but I do not see the tmobile account anywhere on my credit reports. I pulled all 3 this morning. So is the CRTP set from the date that the credit agency put the account on my report?

Thanks!

NIkki

Re: SOL

llecs — Wed, 18 Mar 2009 16:13:33 GMT

Where did you get your CR from and which CRA is it?

Re: SOL

Anonymous — Wed, 18 Mar 2009 16:18:05 GMT

I got all 3 from freecreditreport.com

Re: SOL

llecs — Wed, 18 Mar 2009 16:22:17 GMT

Ignore those dates on those reports. Very inaccurate, IMO. However if you subscribe to FCR, then click on the "dispute" link at the top of the screen. Don't dispute but go through the motions and you should be able to get a copy of the CR directly from the CRA. EX will show a drop off date for AFNI if you click on the AFNI link.

Re: SOL

Anonymous — Wed, 18 Mar 2009 16:28:44 GMT

It says it is supposed to stay on till 2013. That is not correct. How can I get it fixed?

Re: SOL

llecs — Wed, 18 Mar 2009 16:40:21 GMT

It is possible they illegally re-aged it. AFNI has done that before. IMO, I would start with the OC-side of things. I would pull your other two reports. Like with EX, you'd need to get them directly from the CRAs. You can get them for free via annualcreditreport.com once a year or pay about $10 or so via transunion.com and equifax.com. I may be wrong, but seems like you can do the same for TU as you did with EX to get a free report from there. They made some changes and can't remember how they have things set up.

Make sure that the OC is indeed T-mobile. If so, it may be worth calling them to get a copy of your last bill . You could easily use a copy of that bill to dispute with the CRAs due to incorrect reporting. If that failed, then I would DV AFNI and then, if verified, I would draft a legal letter saying that they are improperly reporting and may have illegally re-aged the debt in willful violation of the FCRA. I'd probably throw in FDCPA violations and/or state references just to stir up things. Either action, the dispute or the letter, will very likely result in their removal.

Do you have any old report copies showing different dates?

Re: SOL

Anonymous — Wed, 18 Mar 2009 16:43:55 GMT

I pulled all 3 reports from FreeCreditReport.com, are they not the correct ones? I looked on an older report and it says under AFNI date opened 1/1/01. What should I do?

Thanks!!

Nikki

Re: SOL

llecs — Wed, 18 Mar 2009 16:51:47 GMT

Freecreditreport.com is not annualcreditreport.com. Freecreditreport.com is a product of Experian and they do not offer full access to your other two reports. They show a truncated version of it. Annualcreditreport.com was created by an act of Congress via FACTA (now part of the FCRA) which requires all three CRAs to provide a full copy (like what you see for EX) for free once a year. EX created Freecreditreport.com to try to capitalize on the annualcreditreport.com website. When you go to FCR, you actually have to pay to get access. Nothing free about it.

Just for fun:

http://www.youtube.com/watch?v=xZ0xsF5XWfo

What is the source for the report that says 1/1/01? Was it from a CRA? Third-party site? Was it on a CRA that is reporting the same CA now?

Re: SOL

Anonymous — Wed, 18 Mar 2009 16:57:20 GMT

So I just called afni and asked for proof that the debt was even valid and they are saying that they have no paperwork from tmobile what so ever. They only have the dates in the computer. They also stated since it was paid in full that they can not nor do they have to remove it from my report and that I can no longer dispute it since it was paid. Is that correct?

Thanks!!
Nikki

Re: SOL

llecs — Wed, 18 Mar 2009 17:14:28 GMT

Never ever call a CA. Never ever trust a CA. Their word is never their bond. Ignore AFNI. Yes, you can dispute at any time.

Re: SOL

Anonymous — Wed, 18 Mar 2009 17:22:29 GMT

When I dispute it and they say that I paid it what could I say about that? Can they just send them the paid in full receipt as validation of debt?

Re: SOL

llecs — Wed, 18 Mar 2009 17:48:51 GMT

When you dispute it, you'd want to send a copy of that old CR to the same CRA that is reporting today. It would show to the CRA that the TL was re-aged and also shows that the debt is past 7 yrs, making it obsolete. A copy of your final bill from T-mobile will also aid in this, esp. with the other two CRAs. You'd need to dispute via mail CMRRR. Check with each CRA to see what is required for ID when you do dispute.

If you opt to DV, then they could retort that they are reporting correctly. However, the DV is a springboard your next document which would demonstrate your willingness to pursue this legally and to demonstrate that they illegally reaged the account.

A paid CA can continue to report for the full 7 yrs from DOFD. I don't think a paid receipt would show that the DOFD was prior to 1/1/01, unless you paid over 7 yrs ago.