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CA deleted but OC still reporting

Date: Mon, 01/04/2010 - 19:04

Submitted by anonymous
on Mon, 01/04/2010 - 19:04

Posts: 202330 Credits: [Donate]

Total Replies: 8


I was sued by a debt collector over an old Chase credit card. The case was dismissed with prejudice because the debt collector could not prove that it was my debt. The order also forced the CA to remove their entry off my credit reports (via countersuit). But the orignial creditor, Chase, is still reporting the debt as "unpaid/charged off" even though I have disputed it with the credit bureus. Chase just keeps saying that the debt is valid and the bureaus beleive them.

Can I use my "Order of Dimissal" to get the OC to stop reporting? Do I send a copy to the credit bureus?


Well, the situations are little different for original creditors and collection agencies. The collection agencies are required to provide proper validation for the debt to prove their authority to collect against it. But things are different with original creditors and the credit bureaus are likely to believe them when they say its a valid debt.

Now, do you really owe this debt? How old is it?

If you really owe to Chase, you may then try to negotiate a payment with them and request them for a 'pay of delete'.


lrhall41

Submitted by SC on Mon, 01/04/2010 - 19:19

( Posts: 3937 | Credits: )


I dont know if I owe it or not. I never had credit card with Chase. All they have is my name, my social security number, and a due balance of $7956.20. They claimed that it was a Wamu VISA card which they acquired since they bought out Wamu. Chase even produced an affidavit on Wamu letterhead saying that the debt was mine. But I never had a Wamu card and they could not produce any statements or contracts or anything with my name on it during discovery. They couldnt even prove the balance. The judge threw out the affidavit because the person who wrote it could not be located to testify. So then Chase and the CA claimed that the Wamu card was orignially a Providian Visa Card that Wamu bought. But again, they could not find any statements or a contract with my name on it under the Providian card. Then, the CA claimed the Providian Card was actually a Bank One VISA. But again, I never had a Bank ONe visa and they could not prove it. Finally, they claimed that it was a First US Visa which was bought by Bank ONe which was bought by Chase. Again, they could not produce any documents.

I did own a First US bank visa that went delqinquent and it was written-off back in 1997 by First US bank and dropped off my credit reports in 2005. Chase is claiming that the card just when delinquent 1 year ago when they purchased Wamu so it will be in my credit report unitl 2016 now.


lrhall41

Submitted by anonymous on Thu, 01/07/2010 - 19:02

( Posts: 202330 | Credits: )


It sounds like they're trying to collect on something that is past SOL and have reaged your account once they bought out the previous bank. I would dispute their "validation" with the credit bureau. Do you have documentation of their inability to produce verification of this debt?

If you feel you do owe the debt, you might try to negotiate a settlement with them in exchange for deletion from your credit report. Otherwise, I'd contact an attorney.


lrhall41

Submitted by OhioGal1 on Wed, 01/13/2010 - 06:25

( Posts: 5253 | Credits: )


Quote:

Originally Posted by SC
By the way, 'dismissed with prejudice' does not mean that you have got rid of this debt. The collector can sue you over this debt again when they have proper documents to prove your liability.


sorry SC,but "dismissed with prejudice" does mean it can't be sued on again."dismissed without perjudice" defines what you explained.in the OP'S case an OC can report for the entire 7.5 years.as long as the CA is removed that is what matters.


lrhall41

Submitted by paulmergel on Wed, 01/13/2010 - 06:39

( Posts: 15514 | Credits: )


well ohiogal,the SOL and reporting period are two different animals.when you default or are late on an account.the account is closed.in any regard the OC can report for 7.5 from the last payment.SOL is different state to state.the 7.5 yrs is across the board.i'm glad the bottomfeeder had to remove the entry,but the OC can stay for the entire 7.5 yrs.


lrhall41

Submitted by paulmergel on Wed, 01/13/2010 - 09:13

( Posts: 15514 | Credits: )