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  1. #1
    Join Date
    May 2009
    Location
    Miami, FL
    Posts
    2

    Default Outdated Info on Credit File

    My question involves collection proceedings in the State of: FLORIDA.

    Ok, I had a Capital One CC that I defaulted on and it was eventually charged off and sold to a collection agency. I had 2 instances of the same account showing on my Credit File, the original Capital One and the Collection agency. The CC has "fallen off" my Credit File since it is past 7 years, however the collection agency is still on my Credit File. Is this legal? I was under the impression that once the DEBT is past 7 years then it "falls off". Can the debt continue to be sold and as a result this will stay on my Credit File idefinitely?

    I have called Equifax and they are NO HELP!!

    I'm about to contact a lawyer, but found this site and I'm hoping i can get some insight.

    Thanks!
    ~M

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Outdated Info on Credit File

    don't just call the CRA's, (all of them that are reporting the outdated debt) write a letter disputing the posting of the outdated debt.
    here is a website that lays out the procedure.



  3. #3
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Outdated Info on Credit File

    A collection cannot outlast the original debt. The debt MUST be removed 7 years plus 180 days after the date which the account went delinquent and was not brought current. If you dispute such a debt, and the CA verifies that it is complete and accurate, but the DOLA is set such that the tradeline does not fall off, then the CA has just broken the FDCPA and the FCRA.

    This allows you to sue them under both of those laws. FCRA allows punitive damages.

  4. #4
    Join Date
    May 2009
    Location
    Miami, FL
    Posts
    2

    Default Re: Outdated Info on Credit File

    Thank you both... I will contact the CRA's tomorrow and dispute.

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