Incorrect "Last Payment Date" on credit report: How to verify/fix?

[AZGuy23]

I was able to finally get around to calling Chase about this account and as I suspected, it's too old and they have deleted it out of their system, they have no information on it whatsoever.

They suggested that I contact the credit reporting agencies and dispute the information and have it removed. That's fine and all, but how does that help if I get sued by LVNV? How do I prove that my last payment was 02/2006 as I remember it vs 12/2007 as the credit report shows? Does the burdon of proof fall on my in an SOL defense or does it fall on the person suing to prove when the last payment was made?

[bcohen]

Once you have raised the SOL defense (which you must do in your initial response to the lawsuit, the answer to complaint), it becomes the plaintiff's burden to prove that you made a purchase or payment on the account within the SOL. The easiest way to establish last payment date is during discovery. You should serve the plaintiff with a Request for Production of Documents, as well as a Request for Admissions.

You have the right to request evidence of the last payment on the alleged debt, as well as any other documents in the plaintiff's possession which they plan to introduce as evidence at trial. By requesting that they produce these documents for you during discovery, you can then raise a legal objection should they attempt to produce other documents at trial, such as a bogus "affidavit" from someone claiming that you made a payment last month, or whatever.

BTW, it should be noted that credit reports are not legally admissible documents for purposes of establishing SOL or liability for a debt. Neither you, nor the creditor can use the credit report to prove, or disprove, either of these things.

[AZGuy23]

I guess this is the downside of not handling this through a bankruptcy, you always have to be on the lookout for a lawsuit coming through even if it's past the SOL.

Interestingly, the LVNV account no longer shows up on my credit reports. I thought it would show until 02/2013, as that's what the original Chase accounts will show until, but the LVNV is gone on both Equifax and Experian.

[AZGuy23]

Quick update...

I disputed the information with all three credit bureaus yesterday and this morning I already received an email from TransUnion saysing the investigation was complete and to log in to see the result. I log in and it says "Deleted". I was able to then view my updated credit report and sure enough, the Chase account that had the wrong date for last payment made is no longer on the report.

Accounts are finally starting to fall off now that I'm reaching the 7 year mark since first delinquency. On last month's credit report, it showed $59,000 in collection accounts. Three accounts fell off this month and now the total due is $27,000. By March, everything should be gone except a $482 collection on a medical bill (which I need to settle with them or something) and I'll have a completely clean credit report.

[GoingDown]

I, too, was happy to see all the negative accounts fall off my credit reports after they hit the 7 year point. I didn't even have to dispute them.

To add to the discussion about establishing SOL, for any of you out there who are thinking about going down this route, in hindsight I can see it is very helpful to send a letter disputing the validity of the debt to each new junk debt buyer as soon as they buy your old charged off debts. In many cases the junk debt buyers who bought my accounts actually responded to my letters and even stated the date of last payment on my accounts. That letter from them could certainly be used against them.

Also, the new date of last payment on your credit report, from when the junk debt buyer bought the account will match up with their initial dunning letter to you. So for example, if they bought your account in June 2006, your credit report will probably state June 2006 as the date of last payment. And then they will send you a collection letter in the mail at that time, with the June 2006 date on it. Keep that letter. Keep the old credit reports before they bought the account, and certainly keep any other correspondence from them if they respond to your DV letter.

Another thing to keep are copies of your checks, checking account statements, and the last credit card statements where you made a payment. Fortunately, I kept the checks (carbon copies), and most of the last credit card statements, and the dates match up perfectly. And all of the letters from the debt collectors responding to my DV match up with these old checks. And in many cases, the junk debt buyers list a date of last payment that matches up with my old checks.

All of this information might come in handy some day. I copied all of it and faxed it to my email address for safe keeping.

But from my experience so far, none of my junk debt buyers have filed a lawsuit against me and I doubt they ever will.

If any of them sold the accounts or started rattling sabers I would definitely send them one of my letters about the SOL expiration to head off any lawsuit at the pass. I would want to make sure they knew that I know the debt is beyond the SOL and that I will fight them in court if necessary. I feel that if they know that, they won't bother suing me.

[AZGuy23]

I, too, was happy to see all the negative accounts fall off my credit reports after they hit the 7 year point. I didn't even have to dispute them.

Are all of your negative accounts completely gone or do you still have a few left?

It's going to be strange when all my accounts fall off and the reports will all be clean and the credit score will (or should?) jump up pretty quickly. I actually have a chart that I use to keep track of everything and the "greens" are starting to appear...



It's strange how some of my negative accounts, such as the Judgment and the Convergent Outsourcing Collection don't show up on any of my credit reports, which is a good thing for me. The rest, basically everything will be gone after March 2013 except a medical bill that I owe $480 on. If I contact them and settle that, is there a possibility I could have it removed from the credit report?

[AZGuy23]

Another follow up on this...

I received the results to the Equifax dispute and they are claiming the information is correct!

I immediately called Chase and now they were able to pull up the account (when before they said it wasn't in the system anymore). They said they charged off the account and sold it on 12/19/2007 to Arrow Financial. They also said Arrow Financial is no longer in business and I would have to find who has the account now (LVNV apparently has it according to my credit report).

If Arrow Financial bought the account on 12/19/2007...how would I have made a payment of $855 to them in December 2007? It seems that when they bought it, they reported that I made a payment which is a lie and false. They are out of business though so now what? I guess if I were to get sued by LVNV, they would have to somehow prove I made that payment. I am certainly not going to call them and try to find out what they have on file. Guess it will be a waiting game for the next year. :/