Hi, I had an account with Providian that was charged off and sold to a CA. The date of last activity was 12/00. Now I am seeing an account with Sherman Acq. opened in 12/02. Then it shows that I made a payment in 1/03, then charged off again on 2/03, then showing I made a payment again in 10/03, then charged off again in 11/03. I have NEVER made a payment to these people. Did they reage my account? If so what can I do to get it taken off? They have now transferred my account to Ascent Card Program (i guess a part of their company). I am sending a validation letter to Ascent, but in the meantime is there a letter I should send to Sherman about reaging? TIA
Hi, Tia, I'm not sure about the letter, but Sherman has done the same thing to my husband. Document everything. They violate a lot. Also check to see if they are even licensed in your state. Do a search with my user name. I've asked about Sherman before and its ongoing right now because we've disputed them. I know I'm not much help, but wanted to let you know that you're not alone.
*************** GET THE BASICS HERE. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ***************** > WELCOME To CN birdie1218
Hi, I had an account with Providian that was charged off and sold to a CA. The date of last activity was 12/00. 1*Now I am seeing an account with Sherman Acq. opened in 12/02. 2*Then it shows that I made a payment in 1/03, then charged off again on 2/03, *then showing I made a payment again in 10/03, then charged off again in 11/03. 4*I have NEVER made a payment to these people. Did they reage my account? If so what can I do to get it taken off? *************** GET THE BASICS HERE. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ***************** >1*12/00 is the official date 2*They add false payments to make it appear the original date of delinquency has changed. They also do it to falsely extend the SOL. Also there can only be one charge off of an account. and that's when the OC charges it off. 3* C 2
LBrown59 quote: -------------------------------------------------------------------------------- Also there can only be one charge off of an account. and that's when the OC charges it off. -------------------------------------------------------------------------------- Are you sure about that? If the OC sells it to a CA, can they not charge it off? ----------------------------- chipper www.leavethehouse.com
The account was already charged off before the CA bought it, so they willfully and knowingly bought an account which they knew was charged off.
If the CA places a TL on the consumer's report, they must provide the CRA (within 90 days) the date of the original delinquency. FCRA: http://www.ftc.gov/os/statutes/fcra.htm �§ 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. �§ 1681s-2] (a) Duty of furnishers of information to provide accurate information. ... (5) Duty to provide notice of delinquency of accounts. A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action.
Just write a simple 1 paragraph letter to the CRA saying that you are disputing the open, closed, last activity dates on the account; and that you are requesting that the data furnisher conclusively verify the dates on this account. It doesn't have to be long, drawn out, or complex, usually... Now if you're trying to overcome the CRA's Previously Investigated arguement, that may be another story...
No i havent disputed this item yet. Its a collection on a building I rented back in 1994. The collection is for a large sum. I left at the end of '94 and rented a larger building. That was the last contact I had with the owner. Left on good terms I THOUGHT, Now I see on my credit report a collection opened in 2000. So Im trying to decide the best way to go. Just dispute and ask for validation or re-aging issue. This also was turned over to a collection agency. But Ive never heard anythng from either, until I looked at my report. But its a large amount and I want to do it right. Thanks again Jam, you always helpful on here..
Yes it has been awhile, The SOL in Mo. for a signed contract is 10 years. And Im not sure what month I left that building. but I know its close. Since I never heard from the owner or the collection agency, and the owner of the building knew where I moved to, and to all of a sudden 6 years later Try to collect a debt that isnt legitimate, Im only assuming but I thought possibly he might have used this as a tax write-off. Im only speculating, but I cant think of any other reason. I want to handle this account right, the collection on my report says the balance is $14.000. And knowing this person if I really did owe him the money he would have been relentless on trying to collect after I left...Thanks for the reply
