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Can a JDB report a old debt as brand new to CRS's

Submitted by broke on Tue, 02/05/2013 - 12:40
Posts: 17
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I guess they can because they have done it to me.

We had some debt that was about to hit the SOL. The JDB now has it on my report and the way it looks is that it is brand new. It shows up as we owe xxx amount on the opening date in June, then it is reported each month as no payment made up until Dec where it is marked account in collections. In other words it looks like they started the sol clock all over again on an account that was just about to run out of clock.

It does show XXX as being the original creditor but there is no reporting at all from the OC, no charge off, no account status.


here is an example:

OC opening date sept 2007
opening balance 500.00
last payment aug 2008

due to fall off dec 2015


JDB opening date nov 2010\
balance xxxxx

due to fall of dec 2015

that is an example of what should be on your cerdit report.the falloff date should match as it doesn't matter when the JDB bought the debt.if it's different then again i would get an NACA lawyer and sue the bottomfeeder.because only a bottomfeeder would illlegaly re-age an account.also you mentioned an affidavit.you were served right?if so answer that the debt is tiime barred.meaning past SOL.


Submitted by paulmergel on Fri, 02/08/2013 - 05:40

paulmergel

( Posts: 15514 | Credits: )


The original debt charged off in Nov 2010, which doesn't appear to be on the report at all.

The JDB has it reported on the credit report as opened 06/2012, ( reported since, 07/2012), Last reported 12/2012. It is showing the period from July to Dec as being in collections with 0 payments.
Status: collection account $xxxxxxx past due as of Dec 2012.


Submitted by broke on Wed, 02/06/2013 - 13:19

broke

( Posts: 17 | Credits: )


Well that's not what is there. I don't know how this is going to turn out but this is a copy/paste of what is there.

ASSET ACCEPT More about this account >>
TransUnion Experian Equifax
Original Creditor: 01 DELL FINANCIAL SERVICES CIT O DELL FINANCIAL SERVICES /CIT O
Account #: **** ****
High Balance: 2658 2658
Date Opened: 06/06/2012 06/01/2012
Date Reported: 01/01/2013 12/31/2012
Balance: 2748 2748
Condition: 01/01/2013 07/01/2012
Responsibility: Individual Individual

It's also showing balance history starting in July 2012 and ending in Nov.

july 2012 2681.00
aug 2012 2693.00
sept 2012 2705.00
oct 2012 2720.00
nov 2012 2733.00

So it looks like they are adding interest also.


Submitted by on Fri, 02/08/2013 - 17:05

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what date does this entry show as the drop off date.meaning if it matches the date of the OC then it is okay.if not then look into a lawsuit as re-aging is most illegal,and can get you 1,000.00.look into that.


Submitted by paulmergel on Thu, 02/07/2013 - 05:32

paulmergel

( Posts: 15514 | Credits: )


I don't see that anywhere on the report that I have.

That was part of the reason I had asked an earlier question about weather or not you get the same information in the free reports you get on line as if you got one in the mail from the reporting agencies.

What is the best way to find out what that date is?

Also I have another question. Should there have been a separate complaint form along with the warrant in debt and the affidavit of account form I got served with?


Submitted by broke on Thu, 02/07/2013 - 06:55

broke

( Posts: 17 | Credits: )


Well that's not what is there. I don't know how this is going to turn out but this is a copy/paste of what is there.

ASSET ACCEPT More about this account >>
TransUnion Experian Equifax
Original Creditor: 01 DELL FINANCIAL SERVICES CIT O DELL FINANCIAL SERVICES /CIT O
Account #: ****
High Balance: 2658
Date Opened: 06/06/2012
Date Reported: 01/01/2013
Balance: 2748
Condition: 01/01/2013
Responsibility: Individual

It's also showing balance history starting in July 2012 and ending in Nov.

july 2012 2681.00
aug 2012 2693.00
sept 2012 2705.00
oct 2012 2720.00
nov 2012 2733.00

So it looks like they are adding interest also.


Submitted by broke on Fri, 02/08/2013 - 17:12

broke

( Posts: 17 | Credits: )


Well I had heard that once they have served you it's too late to do that. What I'm trying to do now is figure out if the account is within the SOL. The last payment was 3/2010 but I'm thinking that payment didn't bring the account up to date and in that case I think it goes back to the last date the account was current. I just wish I could figure out how to go through the account summary they sent with the warrant and figure out how far back the account was not current before the last payment date.


Submitted by broke on Thu, 02/28/2013 - 13:05

broke

( Posts: 17 | Credits: )


Once you have been served is there ever a good time to call the lawyer's bluff with regard to affidavits, that are probably hearsay and that you plan on fighting them. I know they will probably try and work out a deal on the return date but I was thinking about letting them chew on it for a day or two before the return date in hopes they just dismiss the case beforehand. Has anyone ever tried that and if so, how did it work out. We have less than a week to go before the return date.


Submitted by broke on Tue, 03/05/2013 - 08:42

broke

( Posts: 17 | Credits: )


since you know dell charged off in 2010 use that info to dispute this.also send assett a DV(debt validation)letter.what they did was illegal as it is re-aging.dispute and make assett prove their claim(which they can't)


Submitted by paulmergel on Wed, 02/27/2013 - 10:08

paulmergel

( Posts: 15514 | Credits: )


I had to take a break, this was really getting to me and I could see me getting anywhere.

One question I would like to ask is, how do I attack the way they say this debt was set up? They have it as an open account and also as a contract. Why would they do it this way, I mean I'm sure they feel it is to their advantage in some way but what is the best game plan to commit to when trying to fight something like this?


Submitted by broke on Wed, 02/27/2013 - 08:59

broke

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