Hello all. I am having a problem getting a paid charge off which is reporting an incorrect date of last activity updated and am not sure how to proceed. Here is the situation 1. Amex Optima charged off 7/96 2. Sold to Risk Management Services owned by Equifax 3. They are reporting date of last activity as 1/97 4. Stupidly settled 9/2000 without getting a deletion 4. Original Amex tradeline is no longer on report I have disputed the date of last activity with Equifax twice to no avail. I called Equifax today and they refused to anything and suggested that I contact Risk Management. I called them and ended up speaking to a so called Senior representative who insisted that it would not be removed until 9/2007(7 years from settlement). Nasty argument ensued and I hung up. The only proof I have of when it was charged off is an old Equifax report. Equifax says that doesn't prove anything because the account number at the collection agency is different. I then contacted American Express in an attempt to get written info from then regarding the date of chargeoff and they told me that they do not have any information on the account other than that it was sold to Risk Management. What is my next move? Do i have to sue Risk Management? Should i try the nutcase letter?
Bumpety-Bump-Bump-Bump! I am dealing with RMA concerning a similar matter with the same dates. No AMEX tradeline, etc. However, "I" did not settle this account. After I found out that it would do my credit score no good and the fact that RMA is NOT a reputable company. I am not sure how the date of deletion from "YOUR" CR works. From my understanding, they go by the date of last activity on the account. In a case such as yours, I am not sure if that means on the "ORIGINAL ACCOUNT" or the 'ACCOUNT', period. It wouldn't make sense to me that it would go by the ACTUAL date of last activity because,as you stated, if you paid the account in 2000, then if they went by "that" date as DOLA, then you're right, it wouldn't come off until 2007. If I were you, I would dispute the dates with the CRA's and, at the very same time, ask for validation with RMA. RMA will hang themselves, that's for sure. Meanwhile, one of our "SEASONED CREDITNEXPERTS" will read your post and give you a more "credible" answer. PsychDoc, mindcrime, wolverine, George, whyspers, lizardking, among others I have forgot to mention can help answer this for us. I'll check back and see what answers we get. BTW, since your account is dated before the new update went into affect for the FCRA, then you can add 180 days, or 6 months, (which is what RMA has done) to the date that AMEX reported the charge-off. An orginal creditor can keep a collection account "in house" for up to 6 months and then "outsource" it to a CA. That's when the 7 years starts. Not always, but it seems this way in your case. Not to fret, you have options. Research and study before you make your next move. Read the FCRA and the FDCPA on www.ftc.gov Also, research this site until someone mentioned above posts to your thread. "knowledge is power" Keller
Since Amex has no records regarding this account i.e date of chargeoff/date of last activity how am I supposed to prove when it was actually charged off. Risk Management can say whatever they want and I have no way to dispute them because the original creditor has no information on this accout. I have multiple credit reports from all three bureaus showing when the account was charged off . The CRAs say this does not constitute proof even when it is their report. Will these reports carry any weight in court?
I just settled with one party to a lawsuit that was very, very similar to this. Didn't dismiss Experian, so the case is still ongoing. Unfortunately there was a confidentiality clause with the OC so I can't go into details, but if you do a search under my user name, you will be able to find previous posts prior to my signing the confidentiality agreement that pretty much lays out the whole case. Sometimes, unfortunately, the only way to get them to obey the law is to file suit. Anyway...hope this helps a little at least. L
das, send your validation letters. Just because the account has been paid, if I am not mistaken, they still have to verify the dates because there is a dispute as to "WHEN" the account is supposed to be off of your credit report. Send the series of validation letters to RMA asking them to validate the dates on the account. Always send them certified, return receipt. Next, send a letter to AMEX asking them to send your account history because you are disputing dates. Also send certified, RR. When you are disputing the dates with RMA, also dispute the dates through the CRA's. Here's the catch. If RMA is verifying the dates in dispute to the CRA's, but won't or can't verify with you. . .THEY ARE BREAKING THE LAW. Also, even though the account has been paid, as far as you are concerned the account is old enough to be removed from your CR and THAT'S what the dispute is over. Call the CRA's while you are disputing and ask if RMA has put a dispute notation on your report during this time. If they haven't, then they are BREAKING THE LAW. Each time you disputeto RMA, and RMA does NOT place a dispute notation on your CR, they are in violation. Each time they verify with the CRA's and they don't validate with you, they are in violation. Keep good notes and don't let up. File a complaint with the FTC and with the Attorney General's office in the state that RMA is in. You are building a case and can take them to small claims court for their violations. Even if they showed up in court and had proof of the dates, that doesn't give them the right to break the law. The law doesn't state that you can break the law if you can eventually show proof. Keller
das, whyspers must have been replying at the same time I was. I'm just more long-winded. ) Look up what she's talking about. It'll help you a lot. She may not be able to answer questions you have concerning her issues, but I'm sure that she'll agree that there are enough "Creditnexperts" here that know enough about her case to be able to answer on her behalf.
It appears that RMA is notorious for changing the DOLA... They tried the same crap with me. I had debt written off in 7/96 they change to 12/96... They didn't get the debt until 8/01, and i think they got it by a "Gift" from Equifax which i know. I shot it down and threatned lawsuit for willful intent to harm because they changed the DOLA . Faxed them the OC reporting and theirs. 6months worth..... RMA came to their senses..... You have to Let them see you're going Legal, they think you're an average scary debtor, but little do they know you're not....
