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RobertEG wrote:Any legal action they might choose to take has nothing to do with your CR, or what is in the files at the CRAs.They can file suit at any time, and merely have to show that the debt was legitimate in order to file suit. If it was in fact a legitimate debt, they will probably be granted judgment by the court unless you can establish in defense of the suit that the SOL for bringing the suit has expired.Your concerns do not appear to be credit reporting related. Debt collection is not bottom feeding scum if the debt was legitimate. Your choice is either to pay and make it go away, or face the prospect of future legal action.
@RobertEG wrote:Any legal action they might choose to take has nothing to do with your CR, or what is in the files at the CRAs.They can file suit at any time, and merely have to show that the debt was legitimate in order to file suit. If it was in fact a legitimate debt, they will probably be granted judgment by the court unless you can establish in defense of the suit that the SOL for bringing the suit has expired.
@RobertEG wrote:Your concerns do not appear to be credit reporting related. Debt collection is not bottom feeding scum if the debt was legitimate. Your choice is either to pay and make it go away, or face the prospect of future legal action.
(5) Duty to Provide Notice of Delinquency of Accounts
(A) In general. A person who furnishes information to a consumer reporting
agency regarding a delinquent account being placed for collection, charged
to profit or loss, or subjected to any similar action shall, not later than 90
days after furnishing the information, notify the agency of the date of
delinquency on the account, which shall be the month and year of the
commencement of the delinquency on the account that immediately
preceded the action.
(B) Rule of construction. For purposes of this paragraph only, and provided
that the consumer does not dispute the information, a person that furnishes
information on a delinquent account that is placed for collection, charged
for profit or loss, or subjected to any similar action, complies with this
paragraph, if--
(i) the person reports the same date of delinquency as that provided by the
creditor to which the account was owed at the time at which the
commencement of the delinquency occurred, if the creditor previously
reported that date of delinquency to a consumer reporting agency;
(ii) the creditor did not previously report the date of delinquency to a
consumer reporting agency, and the person establishes and follows
reasonable procedures to obtain the date of delinquency from the
creditor or another reliable source and reports that date to a consumer
reporting agency as the date of delinquency; or
July 30, 2004 70
(iii) the creditor did not previously report the date of delinquency to a
consumer reporting agency and the date of delinquency cannot be
reasonably obtained as provided in clause (ii), the person establishes
and follows reasonable procedures to ensure the date reported as the
date of delinquency precedes the date on which the account is placed
for collection, charged to profit or loss, or subjected to any similar
action, and reports such date to the credit reporting agency.
Try to get the Date of First Deliquency from the OC, then dispute this. It is illegal to re-age accounts, as it interferes with the CRA's ability to determine when the account is to fall off the report.
Asset Acceptance IS scum, they are junk debt buyers, I''m betting they don't even have the proper paperwork and can't verify this anyhow. They did the same to me one time, they claimed I owed for a Bally's membership that was canceled appropriately years ago. (I know Bally's had some sort of financial trouble not long after my canceled membership) Anyway, they tried to say I owed over 1,000 and then I disputed it, it came off, then they tried to report the following year to another CRA, and that time the amount increased to over 3,000! I again, disputed, and it was deleted. Haven't seen them since.......good luck.........
anyone else...what should going2tdc do first, second, etc.....
I said EXACTLY the same thing! I wonder whether he works for a CA, JDB or CRA
Lullaby wrote:Robert's responses I've also seen, and he's responded to one of my ?'s also.....they seem to be what a Debt Collector would say......LOL!
WhatzUrPlan wrote:
RobertEG wrote:Any legal action they might choose to take has nothing to do with your CR, or what is in the files at the CRAs.They can file suit at any time, and merely have to show that the debt was legitimate in order to file suit. If it was in fact a legitimate debt, they will probably be granted judgment by the court unless you can establish in defense of the suit that the SOL for bringing the suit has expired.Your concerns do not appear to be credit reporting related. Debt collection is not bottom feeding scum if the debt was legitimate. Your choice is either to pay and make it go away, or face the prospect of future legal action.The question is absolutely about reporting, as the CA is reporting different DOLA & seems to be changing them ~ this is against the law.Robert, I'd read a few of your posts today and some of them were either rude, antagonistic or just plain out of line. When we want to be spoken to in that way, we call collection agencies. We don't come here for that, we come here to help & support one another.
@RobertEG wrote:Any legal action they might choose to take has nothing to do with your CR, or what is in the files at the CRAs.They can file suit at any time, and merely have to show that the debt was legitimate in order to file suit. If it was in fact a legitimate debt, they will probably be granted judgment by the court unless you can establish in defense of the suit that the SOL for bringing the suit has expired.>Your concerns do not appear to be credit reporting related. Debt collection is not bottom feeding scum if the debt was legitimate. Your choice is either to pay and make it go away, or face the prospect of future legal action.
(i) the person reports the same date of delinquency as that provided by the
creditor to which the account was owed at the time at which the
commencement of the delinquency occurred, if the creditor previously
reported that date of delinquency to a consumer reporting agency;
(ii) the creditor did not previously report the date of delinquency to a
consumer reporting agency, and the person establishes and follows
reasonable procedures to obtain the date of delinquency from the
creditor or another reliable source and reports that date to a consumer
reporting agency as the date of delinquency; or
July 30, 2004 70
(iii) the creditor did not previously report the date of delinquency to a
consumer reporting agency and the date of delinquency cannot be
reasonably obtained as provided in clause (ii), the person establishes
and follows reasonable procedures to ensure the date reported as the
date of delinquency precedes the date on which the account is placed
for collection, charged to profit or loss, or subjected to any similar
action, and reports such date to the credit reporting agency.
According to the FCRA...........correct?? Someone correct me if I'm not reading the regulations clearly..........
Thanks!