SOL

[nikkibabee]

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

[llecs]

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.

[nikkibabee]

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

[llecs]

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.

[nikkibabee]

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

[llecs]

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

[nikkibabee]

I got all 3 from freecreditreport.com

[llecs]

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.

[nikkibabee]

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

[llecs]

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?