Hello, I am thinking about suing the two credit companies and filing a complaint with the FTC. In June of 99, Gateway reported my default to the credit companies. Apparently this year before the statues ran out they sold it to a collection agency and the agency changed the name and account number. The bureau is reporting it as collection and it has two more years added on, even though it should have taken off this past June. I have old credit reports that I kept and I sent proof of the "date opened" to each bureau and the collection agency. The result was one of them took it off one of them sent me a letter saying that "they only report what the creditor reports" and I should take it up with them and the other never answered. They also have an account on my credit that is showing on satisfactory and unsatisfactory section on my report. What should I do? Sincerely, Birdmann
When did the Gateway account originally become delinquent? (When was the first payment missed?) It should have been removed from your reports 7 years plus 180 days from that date. "I have old credit reports that I kept and I sent proof of the "date opened" to each bureau and the collection agency. The result was one of them took it off one of them sent me a letter saying that "they only report what the creditor reports" and I should take it up with them and the other never answered. " Were these disputes with CRAs sent CRRR? Did the second CRA say the account was "verified"? Did you follow up with the CRA that did not reply? What did you send to the CA? Was it sent CRRR? Had they contacted you previously? Did you get any response? "They also have an account on my credit that is showing on satisfactory and unsatisfactory section on my report. " What are the details of this account? You cannot always depend on the automatically generated "advice" provided on consumer credit reports.
I don't remember exactly, but it was definitely reported in june of 96. I sent the credit company and the collection agency a request to remove it and a copy of an old credit report showing the date opened. Now they report it without a date opened. Everything was sent certified. Yes the collection company sent letters and i told them it was'nt mine. The credit agency sent a letter stating that they only report what the creditor sends them. The creditor sent a computer generated statement showing what i owe. The other account is a Conned (Conn's) account and it was about $3000 dollars, but on the credit report it has $1000 in good standing and the rest is showing slow payments in the adverse section. The account is paid off, but they are showing it satisfactory and adverse, using the same account number. Yes I was late a few times but that should have affected the whole thing. Looking forward to your advice Ontrack and thank you.
On the Conned account, when it was late, was it in fact 30 days late past the due date? The CRAs report credit history of late payments only in terms of multiples of 30 days late. There is no way for them to accurately show an account that was paid, say, 25 days after the due date, as "30 days late". On the re-aged account, have you disputed the account with the CRA specifically as "obsolete, original delinquency date was xx/xx/xx, and has been illegally re-aged"? The date opened is not the date that determines when the account should be removed. Tbe date of first delinquency is what matters, and it would generally occur up to 6 months before the account was charged off. If the CA's only response was to remove dates that the CRA is required to maintain for purposes of removing old accounts, they can both be liable. "We only report what the CA sends us" is not enough if it does not include the original date of delinquency, since the CRA is required by FCRA to remove obsolete accounts based on that date. If the CRA replies with what the CA says is the original date of delinquency, or even that it was verified by the CA and remains, you are ready to sue the CA. You should also file a complaint with your state AG, and FTC, whether or not you sue.
