I have been visiting this forum for a couple of weeks now and have read some good pertinent info. believe it or not I work for attorneys who does collections. So I kinda see both end of this deal because I actually attempt collections myself. Please do not take that the wrong way. I collect delinquet property taxes. I am not one of those nasty collectors that no matter what you say they will not let up. I actually can relate to the debtor as I am a debtor myself. I treat debtors the way I would want to be treated in the same circumstance. And I get wonderful results. I truly believe that you can not squeeze blood from a turnip. If a debtor does not have the money to pay they just do not have it. there is nothing that I can say or do that will change that. Anyway, believe it or not, I am a bit puzzled when it come to dood vs dola. when reviewing my CR from equifax it shows that one particular cc acct was opened 05/1998 and has a dola of 07/1998. can I assume that the dola is is that last month that I made a charge on the card? This cc has been charged off for quite some time. I have never made a payment and I am trying to calculate the sol and the 7 yr date when it will drop off on my cr. Unfortunately, this chargeoff has been been sold to Portfolio Recovery Associates and they claim this acct was charged off 05/31/99 and they purchased it 09/2000. Is there any way to dispute this debt with PRA? Have them validate the debt? I do not recall signing anything for the acct. I think it was done over the phone. how would they validate? Any help with my questions will be greatly appreciated. Also has anyone here had dealings with PRA? if so how did you handle them. They are very nasty. Thanks
Eh, maybe. I'm not too sure about DOLA. But I can say that DOLA doesn't necessarily have any relation to DOOD. You might be able to determine the DOOD on your Equifax report by noting the account history. Find the last string of delinquents that led to the chargeoff. The beginning of that string is the DOOD. Tack on 180 days and that's the start of your 7 years. FCRA Section 605(c)(1):
Thanks for replying. My cr says the following Direct Merchant's Bank Account History charge off as of 10-2000, 7/2000 to 9-2000 Portfolio recvry * Affil EXP RPT says Status collection account/Account charged off $3535 written off $3535 past due as of 1-2004 Account history Collection as of 1-2004, 12-2003, 10-2003, 8-2003, 7-2--3, 5-2003, 4-2003, 3-2003, 12-2002, 11-2002, 9-2002, 8-2002, 7-2002 Charge off as of 2-2002 to 5-2002, 12-2001, 9-2001, 8-2001, 7-2001, 6-2001, 4-2001, 3-2001, 2-2001, 12-2000, 10-2000 Equifax Rpt for same accts listed above says DMCB date opened : 05-1988 Date Reported 10-2000 this date has changed? date of Last activity 07/1998 Comments: Account , Transferred or sold, charged off Account Payment History 30 days past due 0 times 60 days past due 0 times 90 days past due 0 times this is true I never made any payments PRA Date oppend: N/A ? Date Reported 3/2004 Date of Last Activity 5/1998? Comments Collection account 7yr Payment History 30 days 00 times 60 dyas 00 times 90 days 01times upon review of the foregoing I find it quite strange that there is a N/A for date opened. can I dispute this. Can I assume that they do not have paper work for this entry tor determine the date this account was opened. Also Pra has 5/1998 as the date of last activity in fact this is the date this acct was opened with the oc. I also find it strange when speaking to PRA rep they advised that debt was charged off 5/31/1999 and they bought it 9-2000. Their is no referenced to that charge off date anywhere on my report . So based on the foregoing which date do I use. I know that the first missed payment had to be some time in 1998 but I do not have any documentation stating so. Please help.
Date Reported can change every month, if the company is still actively reporting the trade line. All that means is that was the last month that they had the account flagged to be sent to the CRA's. DoLA has to stay the same unless there is some activity, but the DoLA could change depending on how the company calculates 'activity', the only activity which may reset the SOL (for being sued) is probably making a payment yourself (but this may vary depending on your state, some states making a promise to pay is acceptable to reset the SOL). Date of the original delinquency would be essentially the date of the first payment which was due, more than likely some time around open date + 60 days. (up to 30 days for the first statement to be printed, up to 30 days for the first statement to be due.) You will want to read all the introductory posts, and then do a search on Johnson v. MBNA. Johnson v. MBNA is a great big stick which can help in cases where the data furnisher is reporting incomplete or eroneous information. MBNA was held accountable to one consumer for $90,300.00 in damages for improper verification in response to a consumers dispute. Basically, Johnson v. MBNA establishes that the data furnisher must do an adequite verification, and possibly require them to do so from the original account records (application), and CONCLUSIVELY VERIFY the information which they are reporting. Depending on which CRA is being reported to, you may have an ability to 'trap' the CRA into verifying the 'N/A' for an open date. Then you have the CRA and Data Furnisher in a violation. (The trick here is to ensure that you dispute, in addition to any other dispute. "Incorrect or invalid account opening date." This way you have a Johnson v. MBNA based specific dispute.) But EXP usually won't allow more than one dispute for an account EVER, so you need to spend a lot of time prepping your dispute to get it right the first time.
thanks, for responding so quickly I have one other question for you. how will they verify. Or what would me considered as a good verification. If I remember correctly this acct was set up over the phone. Therefore, I am sure that the OC or the company that bought debt does not have an application. When I spoke with PRA they said that I owed a lot more than was reflected on my cr. How can this be they also said that my agreement allows for interest to accrue until paid in full. This account is one of those paperless transaction. So how can they prove that the acct is mine.
Although technically correct JJ, we leave the impression that a neg. can remain on ones CR for 7years PLUS 180 days. Not correct. Under no circumstances may a neg remain on ones CR which is antedated by more than 7 years. This is a complex issue and hard to figure out, so can't blame ya for your literal interpretation. .
