Multiple CA on my report for same debt? How can I correct this?

[humes]

Hi All,

I have a question. I recently checked my credit report and credit score and I noticed that I had anywhere from 6- 8 negative items affecting my score(depending on the credit report) While in grad school from 2001-2003, I had some credit problems. I had 2 credit cards from MBNA(now BOA) go bad, 2 credit cards from Capital One and a car repossessed. I have since tried to rebuild my credit and all of my scores are currently in the 690 range. The 2 Capital One items are about to disappear and I see that the MBNA(Bank of America) items will disappear in December 2008.

My problem is out of those 8 items, I noticed that 3 of them are for the same debt-one of the MBNA credit cards. As I said the original MBNA debt is scheduled to fall of in December 2008 BUT 2 collections agencies(Collect America and Jefferson Capital System) have put items on my credit report for the same debt yet Jefferson Capital is claiming a date of 2005 and Collect America is showing that it will drop off in Sept 2013. Is this legal? It seems as if I am being penalized for the same debt. Although my other debts went to collection agencies, none are reporting like this. All of these dates are showing a $0 balance(including the repossession) and are reported as paid.

What can I do to have this properly reflected on my credit report? Also, is there anything I can do to have the repo fall off earlier since that was from 2003 an dpaid off in 2005?

I guess I'm getting anxious because in 2003 I set a 5 year plan to rebuild my credit and buy a house and I am in the 5th year.As I said, all of my scores are in the 690 range but I want to be well over 700 as much as possible before trying to buy a house.

[Anonymous]

You can have   1 OC and  1 CA report the same debt at the same time!

When an OC sells the debt it will read  Bal $0

Keep hard copies of ALL CR forever!!!  If the baddies show up in 10 years  you have proof of the DOFD/DOLA  that was reported by the OC!!!!!!!!

DO NOT TOUCH these     let them drop!

CAs are to drop off when the assignment is removed or the debt is sold to another CA.....They never do though.  Because this was reported first.....Jefferson Capital is claiming a date of 2005.......I would DV them  CMRRR  and the Past SOL letter

As to   Collect America is showing that it will drop off in Sept 2013.  This is called re-aging!!!!!  against the law!!      They must delete and show the CRTP date that the OC has!!!

Send them a DV  CMRRR along with the past SOL letter    all at 1 time  CMRRR

I would not do anything about the reaging yet!  YES  you could file a lawsuit but it is too soon. Bait them!

I am not kidding about hard copies of your CR!!!  this is just 1 example of what CAs can try.

They know what they have done BUT use it to your favor.

What is your SOL?

DO NOT dispute anything now   they will just update.

The dates showing as open  by the CAs    are only the dates that they received the debt  NOT the drop date (CRTP)

Message Edited by HappyDays on 08-16-2008 07:35 PM

Message Edited by HappyDays on 08-16-2008 07:49 PM

[hoping2rebuild]

Only one OC and on CA can report

Send a DV to each CA to see who actually has the account

try and deal with the OC if at all possible.

I really don't know what to tell you about the repo I am sure here someone

else is more knowledgeable, but you might could GW

[humes]

Thanks for the info. Do you think it would be worth it to get a lawyer?

I notcied there was some strange stuff going on awhile back and I thought about contacting a lawyer at one point. Collect America is showing the OC as MBNA yet they are claiming it will drop off 9/2013. It is showing "Paid in Settlement" Jefferson Capital is actually showing the OC as Maryland National Bank and I have NEVER had ANY dealings with them, no letters no nothing.

Where can I obtain a SOL letter? Also, since I was bouncing around during that time, what state's SOL would apply? 

[Anonymous]

The SOL in the state where you live OR where you lived when you applied for the credit. The OC can file in either state. They usually go by where you live BUT I have seen them take the longest SOL.

Not worth a lawyer yet!!!   You can do this. Just take your time. You will learn as you go & then it becomes much easier!!!

SOL  if you need it

http://www.bankrate.com/brm/news/cc/20040116b2.asp?caret=8

Message Edited by HappyDays on 08-16-2008 08:36 PM

[smallfry]

Reading through Bankrate I see the SOL for NJ is 6 years. WhyChat says the SOL for unpaid medical collections is 4 years.

[Anonymous]

Your Name
Your Address

Collector's Name
Collector's Address

RE: [insert account number or name of account or name of debt]:

Dear [insert collector's name or company name],

This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].

I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.

This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.

Printed Name
print name only!

[humes]

Hi All,

Thanks for all of the info but I need more help. After digging through all of the info, I think I may have been scammed.

Collect America was the original CA to collect the debt and they have MBNA/BoA listed on my credit report as the OC. I received a letter from Jefferson Capital Systems saying that Collect America sold them the debt and I was eligible to be a part of their debt reduction program in their Majestic Visa Fresh Start Solution. At the time, I had no credit cards and it sounded like I could pay down the debt and get a credit card at the same time which did happen. This was 2005. They transferred the debt over to a Majestic Visa card and used that debt as the credit limit. I subsequently paid down the debt and used the card for a few months before getting some "regular" credit cards from the big banks-Capital One, Chase, and AmEx. I haven't used the Majestic Visa in almost a year.

I did several searches on Majestic Visa and Jefferson Capital Systems and it seems as if this is a scam they pull to re-confirm old debt. Jefferson Capital has the OC listed as Maryland National Bank. After doing some internet searches, I see that Maryland National Bank was the original company that owned MBNA(Maryland Bank, National Association), the credit card arm of Maryland National Bank. Obviously Bank of America bought out MBNA.

So it looks like what they have done, is re-confirmed a debt that is showing as paid off with Collect America(who shows the OC as MBNA/BoA) and basically using semantics (Maryland National Bank as opposed to MBNA or Bank of America) to say it was a different OC.

As I said, it is showing on my report that the OC info from MBNA/BoA is scheduled to drop off at the end of the year in December. For whatever reason both Collect America and Jefferson Capital is showing one of those debts(it's listed as $5751 for all 3, BoA, Jeff Cap and Collect America) For some reason, Collect America is saying it will stay on until 2013.

Here is add'l infoall showing $5751 as original amount of debt)

>>>MBNA/Boa: says info will be on until December 2008

>>>Collect America: shows OC as MBNA; says it was paid in a settlement;date opened was 9/2002, last reported 12/2006  and says it is scheduled to stay on until September 2013.

>>>Jefferson Capital Systems: shows OC as Maryland National Bank;  it is showing date opened as 1/2005 as an INSTALLMENT type; it shows last reported as 6/2005; and it doesn't say anything about when it will fall off

I am pretty fired up right now as it appears that not only did I pay moneyy I didn't have to, I may have inadvertenly adversely affected my credit and put info on it that will show longer than it should.

Should I still send that letter you mentioned? This seems like a scam.

[Anonymous]

bump

[Anonymous]

First step is to print off hard copies of those reports showing the OC and the drop off date.

I would dispute the two CA entries with the CRA(s) it is appearing on, I would list the following reasons--

Collect America and Jefferson Capital Systems is both collection agencies listing the same debt-- duplicate reporting.

Collect America and Jefferson Capital Systems are both reporting inaccurate FCRA compliance date.

Jefferson Capital Systems is reporting as an installment loan. It was not an installment loan.

How is Collect America reporting? Under collections?

It appears as if they are re-aging it. It doesn't matter if you did pay it. The DOFD, which is what CRTP is set by, doesn't change.

Message Edited by sidewinder on 08-22-2008 07:33 PM