by HanketyBlank » Wed Sep 25, 2013 11:39:21 PM
I'd like to address the limitation period for reporting negative credit information, and then the limitation period for filing legal actions.
1) Aktiv Kapital has not made any bogus payments on the account. I said there was likely NO error. The credit report you are referring to is your Equifax report. You also need to check your TransUnion report.
If you look further, you will see a 6 digit identifier attached to the Collection Agency Reference Number: XXXXXXX. That number uniquely identifies each debt which will also be included in the trade (lines) section of the credit report. When the date of last activity passes the 6 year mark, the debt will automatically purge from both sections.
The date of last activity has several meanings with Equifax, but only one with TransUnion. However, for a defaulted account that goes to collections, the date of last activity has the same meaning with both bureaus, It refers to the date the last payment was made before the account was ORIGINALLY defaulted on. That date NEVER changes whether you pay some, none, or all of the account off afterward.
In some cases like this one, the debt will be sold by the original creditor to a debt buyer after it goes into default. Here, the last payment made before the original date of default was in December, 2008. The debt was then sold to Aktiv Kapital, 2 years later, in December, 2010. The 6 digit identifier - which is the same for both credit bureaus - ensures that the negative reporting period will not be extended by 2 years. Thus the entries in both sections which refer to this one debt should automatically purge from both credit reports by December, 2014.
Another Point: While you claim that the last payment made to the original creditor was in December, 2008, TD is reporting it as 2 months later in February, 2009. Do you have any old account statements or documentation to confirm the date? Otherwise, you might have to wait until February, 2015
2) Credit reporting periods for negative items have nothing to do with the statutory period for filing legal actions. The limitation period stays at 6 years, no matter how many times the debt changes hands. Anyone taking you to court would have to prove through copies of old account statements, the last payment occurred in Feb., 2009, and not Dec., 2008.