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Charge off debt bought and being reported twice? Who do i dispute with:OC or CA?

I have a charge off that is past the SOL. I need to know if I should just dispute this account with the collection agency or the origional creditor. The CA that has the debt never contacted me ( I called them once I saw the debt on my report inqiring about what the debt was, but never admitted to owing the debt), and they have reported the account opening date almost 4 years past the date of the charge off with the OC. Should I send a validation letter and then dispute it (since I know its reported inaccurately)? In process if credit repair-any advice greatly appreciated. Can the CA report the date opened as late as they did? Should I first send them a letter to validate it before disputing it?

Public Comments

  1. Negative information will remain on your report for 7 years. For Charge-Offs, this is 7 years from the date of the first delinquency. If this is within 7 years it is valid and legal to have 2 listings on your report. The first one will be with the Original Creditor(OC) but have a 0 balance. The second one will be the Collection Agency(CA) which will show you the balance owed. This 7 year period is just the reporting period, it is NOT the Statute of Limitations(SOL). The SOL has to do with the amount of time they have to sue you and not how long it remains on your report. Now, if you are past the 7 years you should send a dispute to the Credit Reporting Agency first. If it is beyond the Reporting period they will validate it and remove it if needed. If it is not removed then you need to contact the company that is reporting the information. When you do send in the disputes be sure to send them through Certified main with return receipt so you have proof that they received the dispute.
  2. You need to figure out all the Violations (worth $1000 each) Duplicate reporting, Re-aging etc. If the debt is past the SOL then they cannot report it to the CRAs even if it has not been 7 years. The fact that they are still reporting is evidence of continued collection activity on a legally uncollectable debt. IF the debt is uncollectable then it cannot be reported. If you dispute the account with the CRA and it comes back verified then you need to send a "Nutcase letter" to the collection agency, The collection agency will have 30 days to correct their error, but they will not, then you need to pull your report to show that it is still reporting with violations and then haul them into small claims. You will probably get the deletion long before, but you need to go through the process.
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