Dell/DFS Nemesis..(WebBank)- Opinions needed!

[mizliz1011]

Ok, its $429 and one of the last items that I can do something about. The issue is this:

 

Last Payment 10/11/08- I notated it as full payment of balance but then found out that the $50 payment that preceded this one bounced... so there had to be a bad check fee or a continued balance of at least $50 plus interest plus no payment since then. I got divorced and I believe that two more small charges totaling $182 were charged in Jan/2009 but I had moved out so I don't know and she certainly doesn't remember...

 

They accepted the charges and I don't know if they wrote them off or what but there are a load of 'late payment" charges in an account debit and credit statement that they sent me. The two items charged were sent to my old residence with a teenager and angry ex in residence. I blissfully thought I had paid it off..

 

Come to find $182 plus interest totally $429 on my account on all three bureaus showing same last date of payment but showing account current until june of 09 and then written off November of 09.

 

I have the statements from Jan 09 sent to me with invoice copies but have no evidence except for a payment receipt showing last payment plus a penciled in notation of $50 already paid as I had not yet gotten notice that it bounced.

 

In NY, it stays on your report for five years from date of last delinquency.. which would be Nov 08... but there were two more charges. There are some mysterious credits for fees and interest. Three times I have requested statements, three times they claim to have sent them (have used NYC and suburban address plus a fax number) and no go...

 

I stupidly gave them my SS * after they said that they could not find the records but would not delete... I was sure that they would cave eventually. No collector on the account, no collection letters ever...

 

Should I report them for re-aging? It should be off my account from 5 years past last payment.. does that date still apply if check is notated payment of full balance? I did not know the $50 had bounced but something funny is going on and I don't think that their failure to send me stuff is a real error- this has been going on since Feb....I think that they re-aged it according to their summary but the whole thing is odd. DFS was in Texas at the time and I believe that the SOL is 3 years. Should I offer to pay the $182 for delete? that was the original chargeoff and then they changed it to $429...

 

Am I being stupid not to just pay it or do you think that my suspicions are correct? It is one of the few left on three reports and I am so peeved with them...I think that it is clouding my judgment on this..

[mizliz1011]

bump- I am going to take a census of opinions and take your advice...I believe that my irritation is clouding my judgment. They probably sent these items of January 09 to my daughter at my old address under my account from a phone order. I have no idea how to put increased memory into a computer so it was not me...just don't know what constitutes date of last (almost full) payment when it precedes two debits against the account... and no collection activity, not even anything but a regular dell letter. Not even a phone call that I know of...and they validate and validate...

[ICANHASMUNY?]

5 years only if paid in full. , and most CRA's ignore the NY rule because the FCRA preempts any state laws on credit reporting.

[mizliz1011]

Actually, EQ and TU are doing partial payments if "settled" in 5 years from DoFD.. consistently among CB users. Only Exp. is not doing so. The AG's office is taking a contrary position to Exp's position and will issue some sort of dictate re creditors who apply... and will be contacting Exp. regarding their interpretation of the definition of Paid and their presentation of sold OC debt...

 

The issues are 1.) CFPB's def of Paid as paid or settled 2.) if CA is paid, OC will be deemed to be paid through sale of debt instrument as well 3.) Does a charge off statue confer an insinuation of -0- balance due if they are using an internal collection company or attorney or if it is not in collection status? (this last one is ill defined and is meant to address punitive creditors who are out of SOL, etc).

 

It remains to be seen what will transpire but there are two individuals in the AG's office in both NYC and Albany who are personally addressing all creditors who file complaint forms on these premises..Many of the CB NYS creditors are involved in this issue and are in communication with these two individuals... Time will tell...