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If you have any problems with the registration process or your account login, please contact us. | Advanced Credit Repair - Dealing with Collection Agencies Discuss BofA/MBNA Reporting Time Barred Account in the CREDIT AND LEGAL ISSUES forums; I have an old account on my Experian report from MBNA that is out of status, over 7 years, since June 2000. My first delinquency started in June 2000 and ...
07-21-2007, 04:11 PM
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#1 | | Member
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| BofA/MBNA Reporting Time Barred Account I have an old account on my Experian report from MBNA that is out of status, over 7 years, since June 2000. My first delinquency started in June 2000 and was never brought current, and my last payment was in October 2000. I sent two CMRRR’s to BofA in March and June, and I have disputed with Experian. Each time the information has been verified.
Since BofA did not respond to my letters, I called them on yesterday to request that they delete their account because it is legally time barred from being reported on my credit and was told that they could not delete it because they sold the account to Portfolio Recovery and that I needed to call them. I explained to them that it is not Portfolio that is reporting they are, and was told very rudely, there is nothing they, BofA, could do about it and to call Portfolio.
My question is, since Portfolio is not reporting on my credit should I contact them or continue to dispute with Experian?
Thanks for responding,
CD |
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07-21-2007, 04:40 PM
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#2 | | Administrator
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| If your last payment was in Oct. of 2000, you still have a few months left. Is there anything else about how it is reporting that is wrong? And if it's a JDB they may be re-aging too and using the creditors name.
You should always do your disputing in writing so that you have proof of what was said to you. The OC may lie and say that they never told you that.
Has PR contacted you? When did they start reporting? Do you have older reports? Are you checking the hard copies and not the online reports of your file?
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07-21-2007, 05:11 PM
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#3 | | HONORED GUEST
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| Quote:
Originally Posted by Credit Diva I have an old account on my Experian report from MBNA that is out of status, over 7 years, since June 2000. My first delinquency started in June 2000 and was never brought current, and my last payment was in October 2000. I sent two CMRRR’s to BofA in March and June, and I have disputed with Experian. Each time the information has been verified.
Since BofA did not respond to my letters, I called them on yesterday to request that they delete their account because it is legally time barred from being reported on my credit and was told that they could not delete it because they sold the account to Portfolio Recovery and that I needed to call them. I explained to them that it is not Portfolio that is reporting they are, and was told very rudely, there is nothing they, BofA, could do about it and to call Portfolio.
My question is, since Portfolio is not reporting on my credit should I contact them or continue to dispute with Experian?
Thanks for responding,
CD | If the tradelines are indeed obsolete (over 7 years) then you need to write a letter CMRRR to each CRA that they are reporting to and dispute saying that the tradeline is obsolete.
If the debt is indeed that old, it is out of the statute of limitations and if you are contacted by Portfolio simply send them a letter CMRRR and tell them to FOAD.
__________________ Please be advised that I am not an attorney and nothing I post on this forum should be construed as legal advice. Let's Go Mountaineers!! Let's Go Drink Some Beers!!
Last edited by hannah; 07-21-2007 at 05:19 PM..
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07-21-2007, 05:44 PM
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| Quote:
Originally Posted by roybean If your last payment was in Oct. of 2000, you still have a few months left. Is there anything else about how it is reporting that is wrong? And if it's a JDB they may be re-aging too and using the creditors name.
You should always do your disputing in writing so that you have proof of what was said to you. The OC may lie and say that they never told you that.
Has PR contacted you? When did they start reporting? Do you have older reports? Are you checking the hard copies and not the online reports of your file? |
Hi Roybean,
Yes, my last payment was in October but it was for my Steptember payment. The account was 30 days late each month from June until October. I never brought it current and I never paid for October.
MBNA reported on my March 2005 reports the status as "30 days as of 7-2000 to 10-2000." My report for June 2007 reports the status as "Past due 30 days. Purchased by another lender." The status MBNA listed in 2005 has been removed by BofA. The date of status on the reports are January 2001.
PR ha never contacted me. I have hard copies of my reports for 2000, 2005, 2006 & 2007. MBNA reported correctly, but not BofA. |
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07-21-2007, 05:47 PM
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#5 | | HONORED GUEST
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| Diva, do you have any of those old statements showing past due?
__________________ Please be advised that I am not an attorney and nothing I post on this forum should be construed as legal advice. Let's Go Mountaineers!! Let's Go Drink Some Beers!! |
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07-21-2007, 05:50 PM
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#6 | | Member
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Originally Posted by hannah If the tradelines are indeed obsolete (over 7 years) then you need to write a letter CMRRR to each CRA that they are reporting to and dispute saying that the tradeline is obsolete.
If the debt is indeed that old, it is out of the statute of limitations and if you are contacted by Portfolio simply send them a letter CMRRR and tell them to FOAD. |
Thanks Hannah. The debt is over 7 years. I sent BofA copies of my old and new reports and I sent copies of my last payments to them, but still no reply. I do have the green cards as proof they received my letters.
I was successful in getting the TL's removed from TU and EQ. Experian is the one reporting..
Thanks for responding.
CD |
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07-21-2007, 06:06 PM
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#7 | | Member
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Originally Posted by hannah Diva, do you have any of those old statements showing past due? | No, Hannah, I don't have any old statements.
But the times I paid by check, I did list the month that I was paying for on each check. The reason I became late on my account is because MBNA never posted my payments on time, even when I sent them in two weeks before the due date. |
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07-21-2007, 06:34 PM
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#8 | | HONORED GUEST
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| Then you need to send Experian another dispute CMRRR and do say that the tradeline is obsolete. Use that wording. Say that you are asserting your rights per the FCRA (and any applicable state law) and that you would hate to have to seek legal counsel to explore the possibility of bring legal action against them for their failure to delete an obsolete tradeline and to please be guided accordingly.
__________________ Please be advised that I am not an attorney and nothing I post on this forum should be construed as legal advice. Let's Go Mountaineers!! Let's Go Drink Some Beers!! |
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07-21-2007, 07:33 PM
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#9 | | Member
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| Quote:
Originally Posted by hannah Then you need to send Experian another dispute CMRRR and do say that the tradeline is obsolete. Use that wording. Say that you are asserting your rights per the FCRA (and any applicable state law) and that you would hate to have to seek legal counsel to explore the possibility of bring legal action against them for their failure to delete an obsolete tradeline and to please be guided accordingly. | Thanks Hannah,
I will get the letter in the mail on Monday. Should I send them copies of my canceled checks and old credit reports that I sent to BofA? |
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07-21-2007, 07:38 PM
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#10 | | HONORED GUEST
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Originally Posted by Credit Diva Thanks Hannah,
I will get the letter in the mail on Monday. Should I send them copies of my canceled checks and old credit reports that I sent to BofA? | Well I wouldn't but I don't suppose it would hurt as long as they conclusively prove that the tradeline is obsolete.
Perhaps someone else here will think differently.
__________________ Please be advised that I am not an attorney and nothing I post on this forum should be construed as legal advice. Let's Go Mountaineers!! Let's Go Drink Some Beers!! |
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07-21-2007, 07:49 PM
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#11 | | Member
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Originally Posted by hannah Well I wouldn't but I don't suppose it would hurt as long as they conclusively prove that the tradeline is obsolete.
Perhaps someone else here will think differently. | Yes, Hannah, they do conclusively prove the TL is obsolete. But I might hold them back just in case Experian doesn't remove and I have to file on them.
Thanks for all your help, Hannah.
CD |
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07-21-2007, 08:58 PM
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#12 | | HONORED GUEST
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| Quote:
Originally Posted by Credit Diva Yes, Hannah, they do conclusively prove the TL is obsolete. But I might hold them back just in case Experian doesn't remove and I have to file on them.
Thanks for all your help, Hannah.
CD | No problem. Good luck.
__________________ Please be advised that I am not an attorney and nothing I post on this forum should be construed as legal advice. Let's Go Mountaineers!! Let's Go Drink Some Beers!! |
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