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upinflagstaff wrote:
I didn't keep much documentation, but I have a letter from RTR dated September 22, 2006 that has:
Next Payment Due: 10/26/2000
The loan total is listed below this.
I have never paid RTR. CHL shows on a 2004 report as "Transferred to/purchased by another lender" with a status date of May, 2001 - a 2003 report shows CHL as 180 days past due as of May 2001 (this should set the 7 years for reporting, right?).
RTR first shows up on my credit report as an inquiry in 2002. They didn't start reporting to the CRA until 5-2005 and the status date at that time was reported as 5-2005. It shows 180 days as of 5-2005 in the details section. That looks like reaging to me. My CR from September, 2006 shows Sep 2005 as the status date (no payments made) and past due 180 days as of Sept 2006 with a notation "As of Jul, 2007 this account is scheduled to go to a positive status" The same report shows RTR pulled my report twice in 2005.Does it say that for the OC or the CA?
I pulled Experian in April 2007. RTR shows date of status 8/2005 with the same 2007 positive status notice. In August 2007 I pulled the report again and RTR shows date of status as 6/2006 (it stayed at the 2005 date until this report) and it then showed, "As of Nov 2012, this account is scheduled to go to a positive status."
My December 2007 report shows Date of Last Activity June 2006 and Date of Last Payment May 2001 (which I think is wrong, but that was a long time ago.) but that doesn't match the dates from the letter above.
Every 6 to 8 months they pull my credit with "Collection purpose" as the reason. My Experian score has trailed the other two by 80-100 points due to this single CA.
Does it look like they have been re-aging based on the above and does it look like I've hit the SOL for reporting and the AZ SOL? By my reading the DOFD (and DOLA) is October 2000 (per the demand letter) and this should be outside SOL for them to sue me and also too old to be reported. Is there something special about mortgages that I don't know affecting this CA? They should have joined the first in the mortgage process. As far as I know the lien would have been wiped off the property records (I can go look it up, if need be).Would do you mean the "demand letter"?
AZ SOL
12-548. Contract in writing for debt; six year limitation
An action for debt where indebtedness is evidenced by or founded upon a contract in writing executed within the state shall be commenced and prosecuted within six years after the cause of action accrues, and not afterward.
The important dates are DOFD and DOLA.
The DOFD reported by the OC should be close to the same for the CA.
If you were foreclosed on in 2001 and never made any payments after that, then it appears SOL would be passed.
Have you DV'd the CA?
"As of Jul, 2007 this account is scheduled to go to a positive status" The same report shows RTR pulled my report twice in 2005.
Does it say that for the OC or the CA?
Would do you mean the "demand letter"?
I didn't keep much documentation, but I have a letter from RTR dated September 22, 2006 that has:
Next Payment Due: 10/26/2000
@upinflagstaff wrote:
I am considering a letter to the OC asking for the DOFD, DOLA, Obsolescence Date, Month and Year Obsolescence Date is based upon, and If sold, name and contact information of the subsequent debt owner. (language from a CRA letter I found on here, slightly modified for the OC)
Once I have that information I'm planning to DV the CA to see if they match.
Does this sound like a reasonable course of action?
Report: (report number) Under the Fair Credit Reporting Act I am again requesting that you provide the following information: description of your reinvestigation procedure within fifteen days as required under FCRA § 611(a)(7). I am requesting that you describe how you verified the information including the name of the person with whom you spoke along with their title, address and phone number. I will also need these items to determine the reporting period under FCRA § 605(c). Date of first delinquency Date of last activity Obsolescence date Month and year the obsolescence date is based upon Your responses to my previous requests, dated March 03, 2008, April 7, 2008, June 30, 2008 and August 6, 2008 have not been adequate to satisfy 611(a)(7) and 605(c). Continued failure to provide this information and to properly investigate this matter may expose Experian to civil liabilities payable to myself.I'm also sending a DV letter to RTR.
Regarding Loan Number : #####
Dear #####
WE have received your inquiry and are currently researching your account. If you have additional information that you believe may be helpful, please send to:
REAL TIME RESOLUTIONS
ATTN: RESEARCH DEPARTMENT
(address)
Please remember to put your account number on all documentation.
If we are unable to complete your request within 60 days, an update letter will be sent to you advising you of the status of your request.