Will Magisrates enforce FCRA 1000$ fines or will they blow you off in favor of CA or CB I have got Eq and Ex on violations of the 5 day rule and the renewing DOL
I had a Dillards account deleted then reinserted without sending me a letter. I noticed it has been deleted again Humm. I had a 7 year repo that was deleted and then sold to ca they restarted the sol.
Re: Re: 1000$ rule will Magistrates Did the repo result in a judgement against you? If so, the judgement may have been renewed which would give it a new date? I'm not sure, my logic says that if judgements stay on your credit report for lets say 7 years. The judgement can be renewed within 10 years, so if the creditor renews the judgement, would it be re-posted with a current date? Or is there a longer period than the 7 years that a judgement can be reported? About judgements. SOL is no longer any part of your defense. The judgement can be reported for X number of years. Every Y number of years the judgement can be renewed, and they can attach to your assets or garnish your wages at any time, even 30 years from now, as long as the judgement continues to be renewed. Also be sure of your dates. If you say it looks like the CA restarted the SOL (I'm assuming you're talking about the 7 year reporting clock) If this isn't a judgement, does it show a recent date of last activity, or is it just the reported since date, or dates like that? The Tri Merged reports are bad about not actually giving you the dates you need. Most of the big 3 will give you a "Date the item will fall off" Do you have your old report with that date specified? If you can verify that the account shows to be the same, and that it isn't a judgement, and the date scheduled to fall off of the original creditor has passed, you have a violation of the law. If so, I would dispute it with the CRA as not mine (which is true since the CA is showing a recent reposession account. Let us know if it's a judgement or not. ChrisB
Re: Re: 1000$ rule will Magistrates Its not a judgement it was never filed by thge original creditor.
Re: Re: Re: 1000$ rule will Magistr If it's not a judgement, and the DOLA from the original creditor was over 7 years ago, dispute it now from the CA with the CRA's, as incorrect date (since it's so old and should have fallen off anyway, it would probably be better for you to go at it as "yea, it's mine, but it's too old to still be reporting" so I would even give the date of last activity on the original account when disputing it, so the CRA knows that it's been re-aged) If the CA validates it then sue them for re-aging. (actually send an ITS letter to them demanding deletion of the account which is too old to be reported and $500 in 10 days or you will file suit) It sounds like you have a pretty cut and dry case. Just make sure you have an old copy / printout of your credit report with the original creditor on it showing the DOLA for the original debt, this way if you do have to sue, you will definitly get your $1000 Good luck. ChrisB
Re: Re: Re: 1000$ rule will Magistr Thanks, Now what about the ca they have bought this almost seven years later I have sent them a validation letter but no response. Also sol for my state on written contract is 3 years do you think this would be upheld since its going on seven years with the oc.which I have the report before it was deleted 1/97 is dol. The ca says that was a mistake on the cb that was not the dol.
Re: Re: Re: Re: 1000$ rule will Mag Assuming you're sure that the DOLA from the OC is correct (within a few months of the time the car was repoed) dispute it with the CRA as the date has passed, and the CA has inserted an incorrect date to illegally re-age it, and if it comes back confirmed, SUE the CA. This is a no brainer, they reaged it, it's against the law, and there is probably no way in H E double hockey sticks that they can come into a court room with any type of proof that they can legally change the date arbitrairily. ChrisB
Re: Re: Re: Re: 1000$ rule will Magistr 1*The ca says that was a mistake on the cb that was not the dol. dduke25 ======================= Well ain't that nice? A creditor can just say something on your credit report is an error and we can just forget what the credit report says and go by what they say! To Bad we can't do the same when we dispute something on our reports.<> THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
Re: Re: 1000$ rule will Magistrates 1*The ca says that was a mistake on the cb that was not the dol. dduke25 2*Also sol for my state on written contract is 3 years do you think this would be upheld since its going on seven years with the oc. dduke25 ********************* 1*Since when can you believe a CA? Then too I thought what the CA reports has to be accurate! 2*What comes first 7 years or3years?????????????? THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
