I have a Capital One credit card that shows as a charge off. The SOL "appears" to have past. LVNV Funding LL.C. is reporting as the collection agency on my report. Does LVNV have to show proof we now owe them the money which is considerably higher than the original balance? Also, LVNV shows a later date of when the account was open by them verses when we were first contacted by them. Is this legal? This debt was actually passed around evidently because we have in the past received collection notices from several different CA's on the original account. When does the 7 years for it to fall off the credit report start? Is it the original creditor past due date or the collection agency's?
Never mind, I have found the answer.
Negative entries generally come off the report 7 years after the charge-off date.
This comment is given for educational purposes only. No attorney-client relationship exists between us.
The rule is that an account becomes obsolete --should fall off and NOT be reported -- 180 days after the first default.
If your quit being able to make payments to Capital One one month and never made another full payment, then that is measured as seven years, 180 days plus one month past that last payment.
If you missed quite a few payments on and off for a while, you measure 180 days plus seven years from the first time you became delinquent, not the last time. That's why charge-off may or may not be an accurate way to count the time.
It is the original creditor's past due date + 180 days and 7 years.
SOL means statute of limitations, which is four years past breach of contract in Texas. However, that is not related to the credit reporting time period.
IF you count now and the accounts are obsolete, you should write a dispute letter to each credit reporting agency. Explain as clearly as possible why you think this should no longer be reported and if you have any supporting documents, provide those as well.
Send your dispute certified mail, return receipt requested and send a copy to LVNV as well. If that does not help, then call a local attorney who is familiar with the Fair Credit Reporting Act.
You can find local consumer attorneys on the National Association of Consumer Advocates website (link below).
The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Hill Country Consumer Law ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Ms. Kleinpeter nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims.