How to determine reaging

Hedwig · 09-06-2007, 01:58 AM

Quote:

Originally Posted by rubyruby27

Centex while I appreciate your help getting short with someone isn't helpful. The reason I am confused is:

605 (c) Running of Reporting Period

(1) In general. The 7-year period referred to in paragraphs (4) and (6)2 of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.

It clearly says to internal collections which I can now show at that point it was 5 months late.

Also it says that date can't change while it is tied to a computer date the OC put in, it still shows that it went into default that they were required to report that date. The OC never changed that date on the CR's I have--that tells me that I never cured or they would have.

My last payment was 12/02 the JDB says to go positive 6/09-10/09 and 12/09 which report is correct. The OC said 3/08 to me that is reaging by the JDB---so I am having a hard time understanding why it isn't.

In 6/03 the OC said this account is Closed 180 days past due---not charged off. I have no CR's from 04-06.

The 10-2-06 report by the OC says positive 3/2008 the JDB says 10/09

So this is why I am confused. I have read what PR has written over and over. I am still confused.

Ruby, look at the two words I highlighted--IN GENERAL.

That means there are exceptions. Roybean is right, there are many other ways to look at this.

When you get hung up on one point, you get so wrapped around the axle on that point that you can't see the forest for the trees.

Stop obsessing on reaging and look at the big picture.

Step back, take a deep breath, and look at things in perspective. The first question you need to ask is what do you want out of this? Do you just want your report clean? If so, I think the letters that have been suggested will take care of it.

Don't let yourself lose because you obsessed on the wrong thing. Many people have done this and ended up losing in the end. In many cases, they could have won if they had stepped back, taken off the blinders, taken a deep breath, gotten rid of the emotions and looked at the situation clearly, without emotion, and studied the entire picture.

I'd hate to see you end up losing a suit because you got too wrapped up in one aspect to see the big picture.

rubyruby27 · 09-06-2007, 04:58 PM

I agree perhaps it is wiser to back door the re aging.

I was willing to just clean my cr, but its beyond that now. I have the time and money to file--how far I get is another thing- part of my problem in the past has been money and that is ok now, the other was my family and for now that is GOOD too.

Should I find an attorney I will use them if they know what they are doing.

Thanks to all including Centex for helping me.

Hedwig · 09-07-2007, 01:22 AM

Consider this--if you file, you MUST be prepared to lose. No matter how ironclad you think your case is, you could still lose. There are opposing opinions on almost every issue that is filed. In every case, both sides are sure they will win. One side will be disappointed.

OK, so if you lose, can you afford to pay a judgment? Even if you can, you'll have a paid judgment on your report.

You can probably get this off your report with a strongly-worded letter, as has been suggested. Then you can take the time and money you would spend on the lawsuit and enjoy yourself.

Sometimes when we are evaluating strategy we don't look at all sides. Just make sure you're prepared for all contingencies.

I don't remember if you were at AoC or not. If you were, remember RealtorKen. He could have settled, but he was sure he could win, so he went in with guns blazing, confident of his victory and I think deciding what he would do with the money he won.

Guess what--he lost.

If, after evaluating all the options, you still feel that you should file, then by all means go ahead. But make sure you're going in with your eyes open and prepared for the worst. It is only by preparing for the worst that we can truly accept the best.

rubyruby27 · 09-07-2007, 02:04 AM

Thanks Hedwig,

I will send you a pm to explain what is happening, I don't want it on a public forum for obvious reasons.

If I could prove reaging it would be the icing for me.

rubyruby27 · 09-07-2007, 05:51 PM

I re called the OC and they said SORRY are agreement with the buyer is that we will not release any information concerning this account. You need to call them.--Now that makes a lot of sense there the ones re aging like I going to get a real answer.

So I give up on this issue. It would have been nice and yep I think I could prove it but the evidence I have I am sure would be striken from the records as hearsay.

Actually, unless your account is with the OC then you can't find the date certain, so JDB's can do what they want. Yea, you can sue them for other things but re aging from what I read is a big no no. That violation is a joke.

jlynn · 09-07-2007, 08:58 PM

Reaging is not a joke, and no the JDB's can't do anything they want. The problem in your particular case is that YOU as a plaintiff did not maintain good personal records on the account. Granted, hindsight is 20/20, and you are most definitely not the first person with poor records, but that is exactly where the problem lies.

More than one person has suggested a well thought out letter to the JDB's General Counsel. You likely won't get any cash out of the deal, but you could probably get the deletion. What is your priority?

As far as the OC goes do you have it on tape that their agreement disallows them from releasing any information? A well worded letter to THEIR GC might actually get that TL deleted as well.

You just have to decide if you're in this for the possibility of financial gain, for the thrill of filing lawsuits, or do you want your credit report accurate so you can move on with life.

Enigma · 09-07-2007, 09:47 PM

Are you currently in litigation with the JDB or the OC?

hannah · 09-07-2007, 09:51 PM

Quote:

Originally Posted by jlynn

As far as the OC goes do you have it on tape that their agreement disallows them from releasing any information? A well worded letter to THEIR GC might actually get that TL deleted as well.

Jlynn hit the nail on the head...if the OC won't release info to YOU, then how the hell are they reporting? You need to dispute their tradeline and reference that. You need to write to the OC and reference that. Should get it deleted...

rubyruby27 · 09-07-2007, 10:27 PM

The OC deleted last time I disputed in 10/06. I called to see if they had the info and they said they can't release it to me thier contract with the JDB says that.

I called the JDB also but the legal dept was closed. My account is in the legal dept.

rubyruby27 · 09-07-2007, 10:34 PM

No, I am not in litigation-been there done that with this JDB-I won.

What do I want, money of course they have screwed with me for 2 yrs now, enough is enough-getting the trade line off is great making them pay is better.

I am fairly sure with my documentation this acount was late in late 00/early 01 and was never brought current.

I don't have the records or the knowledge or persaverence to learn how to get the info. Therefore I will do what has been suggested use the FDCPA and back door the issue.