CA deleted but OC still reporting
Date: Mon, 01/04/2010 - 19:04
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
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'.
By the way, 'dismissed with prejudice' does not mean that you ha
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.
I dont know if I owe it or not. I never had credit card with Cha
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.
It sounds like they're trying to collect on something that is pa
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.
Quote:Originally Posted by SCBy the way, 'dismissed with prejudi
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.
Paul, does that apply to the CA only or also to the OC? From
Paul, does that apply to the CA only or also to the OC?
From the post, it sounds like the OC should've removed this from the credit report back in '04ish.
well ohiogal,the SOL and reporting period are two different anim
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.
I got the impression from the poster that the OC charged this of
I got the impression from the poster that the OC charged this off back in 1994. It sounds like every time the OC (a bank) changed hands (was bought out), they reaged the account. Hardly seems fair.