I got the results online from my ex. yesterday. It shows a chargeoff date for a CC as 12=02. I believe TU shows the same date. I am waiting for EQ results, and I have a printed copy that shows charge off date 8=02 which sounds correct. I made my last pymt in march last year! This and one other chargeoff last year are the only negs on my report. Please advise me if I should try to settle and get them off, and also if I can do anything about these different dates!!
If you settle with them that pretty well cements the thing in place and you will have an awful time getting rid of it because when you paid it you also admitted you owed it so after you admitted it was yours and you owed it how are you going to dispute that? Not hardly. Yes, Its illegal to reage a debt like that as jdog0411 just pointed out in another thread and gave a neat little trick for getting it off the equifax report. While it is a neat little trick if it is just on Equifax, if its on all three reports the trick isn't going to work very well so its usefullness is pretty limited. What you really need to do is figure out who made the error and go after them for illegally reageing the debt. Usually its the person or company who furnished the information in the first place so thats who you need to go after not the credit bureaus who are only the reporters of the information. And if one is not careful how he approaches the situation and he just starts complaining to the furnisher of the information he will simply correct the mistake and say he is sorry and you get nowhere at all. You would not get anywhere even if you sued him for the very simple reason that he would use the defense provided him under the law where it says that if he can show by the preponderance of the evidence that it was just a simple one time error not likely to be repeated again they let him off the hook. And in fact he don't even have to prove anything. All he has to do is claim it was a one time error and it won't be likely to happen again and he is off scott-free. So in order to get that done you have to catch him in a number of errors so he can't make that defense work. Doing that takes a well thought out approach. Thats why you have to do your homework so you know what the law is otherwise you may not even know your rights have been violated. Usually you would need at least 3 or more violations on their part to get anywhere and 5 or 6 would be even better. Getting them on multiple errors is the only way to get a sure kill that you can rely on. As a side note, it isn't the chargeoff date that makes any difference anyway. While it may be an indication that an illegal reageing might have taken place it is the DOLA or Date of Last Activity that counts. That is defined as the date you missed your last payment, not the chargeoff date.
Bill, Both of these chargeoffs are about $1700 each. I have a dilema with one. My card was stolen out of my purse in Dec. 2000. Can that have any bearing at all on a defense to get it off my report?
If you filed a police report at the time then yes. If you didn't do that they will most likely come back demanding a copy of the police report and if you can't provide it then your pleas will most likely fall on deaf ears.
No, I didn't. My son had a longtime friend from out of town here, her boyfriend got in my purse, took the card and 50 dollars and split in the middle of the night, leaving her and her younger brother here. I did call immediately and report the card stolen with the CC company.
Was the thief responsible for those charges? I thought in case of theft you were only liable for the first $50 or something like that?
jlynn, I checked every day for about 2 weeks and no attempt was made to use the card. I never received another card, but I assume it was cancelled, and I was current at the time as well. I guess the dumb@@@ figured when I missed the 50, I missed the card as well.
