@Anonymous wrote:Hey guys,
I was curious if anyone had any advice about what to do with this, or if I can use it in my favor somehow.
I recently disputed a charge-off on my account for having the wrong date of last payment. The last payment was made around May 2010, but they had it listed as Sept 10.
When they updated, they magically set the date of last payment to April 2013! Completely and totally wrong since I haven't had any contact at all with the creditor (Mazda American Credit) since Sept 10 when they repossessed my car. No payment arrangements had been made. Zero contact.
This is especially frustrating since a payment made in April 2013 would put me within my states SOL period instead of safely out of it. The date of first delinquency is June 2010, which makes sense for the last payment being made around May 2010. I just don't see where they could have possibly pulled the April 2013 date.
I disputed again, but wonder if there is anything else I should do in the meantime?
Edit: They also have a different charge-off amount listed now. It's only about a $400 difference, but still different. Does that make a difference too?
SOL runs from the DoFD or the date of the repo not the last payment. The amount of the CO is irrelevant they probably have added interest and raised it up. I would have sent a direct dispute on the DOLP over a CRA dispute but its already done. While in dispute you just leave it alone.
@Anonymous wrote:
@gdale6 wrote:SOL runs from the DoFD or the date of the repo not the last payment. The amount of the CO is irrelevant they probably have added interest and raised it up. I would have sent a direct dispute on the DOLP over a CRA dispute but its already done. While in dispute you just leave it alone.
I thought if you make a payment to a creditor it can reset the SOL?
I found this about NC online just now:
"Partial payment BEFORE the SoL expires renews the SoL from date of payment." (a payment in April 2013 would be before the SOL expired.) I've seen that any "activity" on the account could count too, and that payment counts as "activity", but I might be wrong.
I honestly just want the information to be correct, and I don't want there to be any hint of the debt not being safely out of the SOL.
Ironically, the amount they now have as charged off is actually $400 LOWER - I just found that funny.
Most states require a new promise to pay and subsequent default before SOL is reset. There are a few that go from DOLP so you do want to do a direct dispute on this with the creditor to get it resolved and if they wont play ball then a CFPB complaint would be in order.
@Anonymous wrote:
@RobertEG wrote:Normally, they could dismiss a subsequent dispute without any investigation if it is substantially the same as a prior dispute.
Having already disputed the date of last payment, you would need to make sure your new dispute was not substantially the same.
By updating the date of last payment to an even later date, you clearly now have a new dispute that is not substantially the same, and thus they must investigate.
I would file a direct dispute with them, including whatever documentation you have of last payment. Unfortunately, it is hard to document a negative (i.e., that you did not make any payment after your asserted last payment date), so you will most lkely have to rely only on your statement.
I would also make it clear in your direct dispute that based on your asserted date of last payment and DOFD, that the statute of limitsitons has clearly expired in your state, thus putting them on notice that you have a time-barred debt.
If they do verify the accuracy of the later date, then either legal action or formal complaint to the CFPB would be in order.
Unless and until they assert that you are sitll within SOL, you may not wish to file legal action over the payment date, leaving the issue as one for your defense should they commence legal aciton.
The kicker is that in my last dispute, I stressed that no payments had been made on this account since the car was repossessed and that the debt was time barred.
The direct dispute - would that go directly to the creditor or the credit bureau? I just pulled from Transunion and that report also has the new (and very wrong) date of last payment. I originally disputed through Equifax.
This is frustrating because my score was RIGHT at 700 in January, which enabled me to open decent cards - then this creditor suddenly started reporting monthly again, which suppressed my score since it looks like I keep having late payments every month since then. It also had a "Sent to Collections" status according to Creditkarma - but again, this is a time barred debt so that would be fruitless and I've received absolutely zero notice of any collection attempts.
I do have screenshots of past reports that reflected a Sept 2010 last payment date within this past year, and obviously it was recently updated by the creditor because of what I just said above. How they could state 2010 for years, including over the past few months and then suddenly 2013 is obviously wrong.
It has also had the same owed amount since 2010. If I made a payment in 2013, wouldn't that number be lower now?
Since I disputed it again with the credit bureau, should I wait to see what the results are from that and go from there, or should I leap on this now and send something directly to the creditor as well?
You need to wait for the CRA dispute to complete before challenging anything else.
Will do. Thanks! 
I got the results this morning!
They changed the date of last payment to 02/10.
Now if I could only get them to stop reporting the CO monthly since it's such an old debt. Sigh. It used to be closed, but I think me having a better credit score at the beginning of this year may have triggered something.
I'd try PFD with them, but this is the oldest baddie on my report, and it'll fall off in a year and a half. The rest of them should fall off within the next year. Cannot wait! With my current cards/excellent payment history, I should be golden when that all happens.