I have a Spiegel account that was charged off in October 1996. The Last activity on the account was 2/96. I have a copy of my Experian report from 11/02 that reflects the account history. I paid the account of with a CRA in 1998. Now my account shows the DLA as 1998. I have a copy of my Experian report and I have disputed this 4 times and it always comes back verified. My current Experian report does not show my account history and states that my DLA is 5/98. How do I proceed? I ready to apply for a mortgage and this is my only blemish and it's only on my Experian account because Transunion and Equifax were smart enough to see the problem.
Send a copy of your old reports showing the real dola and advise the cra that this has illegally been reaged and by law, should be removed next month. Advise them it needs to be changed to the correct dola and then deleted.
I did that in my last disput with the CRA. They have the same report ( hard and system copy) that shows the account history. However, they continue to try to verify with Spiegel who keeps sending back a DOLA of 1998 (due to paying off the account with a collection agency).
LKH - throwing something out there I don't pretend to know much about. Could the CRA have an "out" under the old FCRA - before 605 was amended? Maybe she should somehow nutcase Spiegel over it? http://www.ftc.gov/os/statutes/fcra/kosmerl.htm . Section 605(c)(2) states that the section "shall apply only to items of information added to the (CRA) file of a consumer on or after" 455 days after the enactment of those amendments, or December 29, 1997.(2) We read this language to mean that a CRA is not required to use the commencement-of-delinquency date mandated by Section 605(c)(1) on an account where the chargeoff or collection ("item of information") was first reported to the CRA ("added to the ... file") prior to that date. Thus, adverse information such as collections or chargeoffs reported before December 29, 1997, are not subject to the new "commencement of the delinquency" provision.
The thing that gets me is that EXP listed the proper charge off date up until 11/02. I have been disputing the date listed by Spiegel since 2000! Now, every report from EXP shows only the date that Spiegel reports which is the date that I paid the charge off to the CA. EXP can see the correct charge off date in their system- but they only display what Spiegel reports. With all of the Spiegel drama, the only way to communicate with them is mail. I have sent 3 letters CRR and I have yet to receive a reply in almost 3 years. I want my mortgage and a charge off, paid or not, old or not- raises eyebrows.
Perhaps it's time to take a different approach. Send an ITS to Spiegel stating that re-aging a debt is illegal and subject to a fine of $1,000. Inform them that you have a pile of your credit reports that show the correct information (and since it is in "Charge Off" status in those reports, it can NEVER be brought current and have a new date assigned to it) Give them 10 days to have it deleted from Exp before you file a lawsuit. If they don't send you something, and fax EXP and force them to delete, file suit. This illegally re-aged blemish possibly caused you an extra half point on your mortgage, which could add up to thousands of dollars (or so you may claim) There is no judge in the country who would not give you the $. ChrisB
Another GREAT catch by Jodi. We need to first determine when this TL was FIRST listed. Wanna? ??? How do you know this Wanna? ??? .
Re: Re: Do I have a lawsuit? The tradline was first entered/account opened in January 1994. The account was reported as 30 days late 2/96 and charged off 10/96. I have all of my old credit reports and the correspondence with the CA. How do I know that Experian can see my history which includes the date of last activity? The representative stated that "per your 11/25/02 dispute our records indicate your account being charged off as 10/96. However, Spiegel is reporting your dola 5/98- that's strange. We must report what Spiegel reports".
Re: Re: Do I have a lawsuit? Thank you. I an not denying that the account is mine. I paid it off and served my sentence of charge-off hell. It's unfair for Spiegel to add 2 years to the DOLA and is it unfair for Experian to continue to report information that they can see is false.
Re: Re: Do I have a lawsuit? Between you, Butch, me and the fencepost, it sounds like it was placed on your credit report before the Credit Reform Act. As I disclaimed earlier, I am not sure what the ramifications are! Nobody has to tell Speigel that! LOL.
Re: Re: Re: Do I have a lawsuit? But it was updated in 98, when the Credit Reform Act was in full effect, which would hold the update liable to the rules of the C.R.A. would it not? I still say just a threaten to Speigel to sue should get it deleted. ChrisB
