topic Re: Review my letter to CA on 'expired' debt? in Rebuilding Your Credit

Review my letter to CA on 'expired' debt?

Anonymous — Sun, 07 Dec 2008 19:27:16 GMT

CA verified a DOFD of 5/02 on an account they previously sent me docs for where DOFD was clearly 12/01.

I've been told in theory they can *report* for an extra 6 months, this is not the same as mis-reporting DOFD. In any event the item is out of SOL and they are clear they cannot collect on it. Hoping the following letter will make them drop it. any thoughts (or case law references appreciated);

****

To whom it may concern;

In March of this year you sent me old bills to document my alleged debt; they clearly showed that the Date of First Default on this account was in December of 2001. Yet when I called Transunion they said you reported 5/02 as the DOFD, and when I disputed that you verified the 5/02 date. As per FCRA laws you are now willfully misreporting a debt. If this alleged debt which is a) beyond the Statue of Limitations and uncollectable and b) passed the Credit Reporting time limit is not removed from my Credit Report within five (5) days of the receipt of this letter, I will be forced to file suit and collect damages on every FCRA violation committed.

Re: Review my letter to CA on 'expired' debt?

laz98 — Sun, 07 Dec 2008 19:43:51 GMT

@Anonymous wrote:
CA verified a DOFD of 5/02 on an account they previously sent me docs for where DOFD was clearly 12/01.

I've been told in theory they can *report* for an extra 6 months, this is not the same as mis-reporting DOFD. In any event the item is out of SOL and they are clear they cannot collect on it. Hoping the following letter will make them drop it. any thoughts (or case law references appreciated);

****

To Whom It May Concern;

In March of this year you sent me old bills to document my alleged debt; they clearly showed that the Date of First Delinquency on this account as December of 2001. Yet when I called Transunion they said you reported 5/02 as the DOFD, and when I disputed that you verified the 5/02 date. As per FCRA laws you are now willfully misreporting a debt. If this alleged debt, which is a) beyond the Statute of Limitations and uncollectable and b) past the Credit Reporting time limit is not removed from my Credit Report within five (5) days of the receipt of this letter, I will be forced to file suit and collect damages on every FCRA violation committed.

You don't need to capitalize everything, like DOFD when it's spelled out, Statute of Limitations, Credit Reporting time limit, Credit Report...

Re: Review my letter to CA on 'expired' debt?

Anonymous — Sun, 07 Dec 2008 20:09:32 GMT

Thanks on all counts, always good to have someone proof

Just in my defense, I *do* know it is 'Statute' not 'Statue'

Re: Review my letter to CA on 'expired' debt?

laz98 — Sun, 07 Dec 2008 20:11:38 GMT

glad to help!

Re: Review my letter to CA on 'expired' debt?

Anonymous — Sun, 07 Dec 2008 20:23:13 GMT

Do you have written proof from the CRA stating a DOFD of 5/2002 is being report? I don't mean a copy of your report showing the drop off date.

This is going to be important when it comes time to sue, as it is going to be your evidence.

Re: Review my letter to CA on 'expired' debt?

Anonymous — Sun, 07 Dec 2008 20:31:26 GMT

@Anonymous wrote:
Do you have written proof from the CRA stating a DOFD of 5/2002 is being report? I don't mean a copy of your report showing the drop off date.

This is going to be important when it comes time to sue, as it is going to be your evidence.

I have copies of the actual bills they sent me when I did Doc Verification. I can't find all of them (I'd have to dig) but I do have the 2/05/02 bill that shows late fees from 1/05/02 bill (which also had late fees as did the 12/01 bill)

So in any event it is proof they have proof. I have my signed certified reciept from them from 3/08 as well as their reply 'here are the docs'.

I can't seem them fighting this. At best it drops off in 4 months. It is not collectable. They know I know that. They know I'm not paying them. They know they have docs showing the date is well before 5/02 and know I know and know I have proof. Why fight it?

Re: Review my letter to CA on 'expired' debt?

llecs — Sun, 07 Dec 2008 20:45:30 GMT

Seems like you and I talked on this once, and I know you mentioned it but don't see it here, when was the drop off date for TU and EX?

Re: Review my letter to CA on 'expired' debt?

Anonymous — Sun, 07 Dec 2008 20:58:20 GMT

nyccc2 wrote:
@Anonymous wrote:
Do you have written proof from the CRA stating a DOFD of 5/2002 is being report? I don't mean a copy of your report showing the drop off date.

This is going to be important when it comes time to sue, as it is going to be your evidence.

I have copies of the actual bills they sent me when I did Doc Verification. I can't find all of them (I'd have to dig) but I do have the 2/05/02 bill that shows late fees from 1/05/02 bill (which also had late fees as did the 12/01 bill)

So in any event it is proof they have proof. I have my signed certified reciept from them from 3/08 as well as their reply 'here are the docs'.

I can't seem them fighting this. At best it drops off in 4 months. It is not collectable. They know I know that. They know I'm not paying them. They know they have docs showing the date is well before 5/02 and know I know and know I have proof. Why fight it?

Yes, you have proof of the DOFD, but you need written proof of what DOFD they are providing to TU.

Are they providing a DOFD of 5/02 or a DOFD of 12/01 and TU leaving it for the full 7 1/2 years.

You need to know this for certain.

Re: Review my letter to CA on 'expired' debt?

Anonymous — Sun, 07 Dec 2008 21:17:43 GMT

@llecs wrote:
Seems like you and I talked on this once, and I know you mentioned it but don't see it here, when was the drop off date for TU and EX?

On Experian (before it disputed off) it was 12/08 (correct)

I did call TU and they explicitly said that CA was reporting DOFD as 5/02, not the date of fall off.

Re: Review my letter to CA on 'expired' debt?

Anonymous — Sun, 07 Dec 2008 21:18:36 GMT

@Anonymous wrote:
@Anonymous wrote:
@Anonymous wrote:
Do you have written proof from the CRA stating a DOFD of 5/2002 is being report? I don't mean a copy of your report showing the drop off date.

This is going to be important when it comes time to sue, as it is going to be your evidence.

I have copies of the actual bills they sent me when I did Doc Verification. I can't find all of them (I'd have to dig) but I do have the 2/05/02 bill that shows late fees from 1/05/02 bill (which also had late fees as did the 12/01 bill)

So in any event it is proof they have proof. I have my signed certified reciept from them from 3/08 as well as their reply 'here are the docs'.

I can't seem them fighting this. At best it drops off in 4 months. It is not collectable. They know I know that. They know I'm not paying them. They know they have docs showing the date is well before 5/02 and know I know and know I have proof. Why fight it?

Yes, you have proof of the DOFD, but you need written proof of what DOFD they are providing to TU.

Are they providing a DOFD of 5/02 or a DOFD of 12/01 and TU leaving it for the full 7 1/2 years.

You need to know this for certain.

They explicitly said the DOFD was 5/02, I'll write them and have them send the full report as per your prior suggestion.

Re: Review my letter to CA on 'expired' debt?

Anonymous — Sun, 07 Dec 2008 21:58:01 GMT

nyccc2 wrote:
They explicitly said the DOFD was 5/02, I'll write them and have them send the full report as per your prior suggestion.

Per the Re-aging thread:

Try to get written confirmation from the CRAs of inaccurately reported dates. Do not dispute the dates or anything else in this letter. Simply request the information. Keep it simple like, "Please provide the obsolescence date on this account. Also please provide the month and year the obsolescence date is based on for FCRA compliance." That's all. Note: if you write for this info, DON'T send your letter to the CRAs address for DISPUTES. Look for a consumer relations or other address to send to.