Re-aging a debt??????

[renaboo01]

How would I be able to tell for sure if a CA re-aged a debt on my credit report? Do I go by the DOLA? Any help would be great.

[Anonymous]

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renaboo01 wrote:

How would I be able to tell for sure if a CA re-aged a debt on my credit report? Do I go by the DOLA? Any help would be great.

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The DOFD or DOLA is set by the OC.......look at you CR for the OC that is the dates that you go by.

CA......will show a report date that is newer......that is just the report date nothing more.

[renaboo01]

Thanks HappyDays for the response. But this is kind of wierd in my case becuase on TU and EQ, the DOLA is July 2004. But on EX, the DOLA is July 2007. The CA brought the debt in July of 07 as well. So I am just wondering, why the DOLA would change on one report and not the other two.

Message Edited by renaboo01 on 01-09-2008 03:01 PM

[JeffWeico]

Debt buyers are INFAMOUS for this. They re-age the debt in order to use it as a collection tool. Nobody notices these things unless they need a car loan or a home loan, or are otherwise in need of credit. Sometimes, they will even report their OWN account number rather than the original creditor's account number.

This is ILLEGAL under the FCRA, however, you must have ACTUAL DAMAGES to sue under the FCRA, so these types of suits are almost never successful.

Contact a consumer rights attorney in your area to inquire about suing under the Fair Debt Collection Practices Act. This is a STATUTORY law, so no real damages need to be proven, just that the debt buyer has broken the law. This is a much easier standard to meet. Under the FDCPA the debt buyer cannot misrepresent the character or amount of any debt. By re-aging this, and placing it on your credit report, they are very likely to have violated this law. However, only an attorney can properly evaluate this. If they take your case, you will not usually have to pay anything. They will get paid if/when the case is won and/or settles. You will get $1,000 maximim, but the attorney can get $2,500 - $3,500. So they have an incentive to take these cases.

GOOD LUCK!

Jeff

[renaboo01]

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JeffWeico wrote:
Debt buyers are INFAMOUS for this. They re-age the debt in order to use it as a collection tool. Nobody notices these things unless they need a car loan or a home loan, or are otherwise in need of credit. Sometimes, they will even report their OWN account number rather than the original creditor's account number.

This is ILLEGAL under the FCRA, however, you must have ACTUAL DAMAGES to sue under the FCRA, so these types of suits are almost never successful.

Contact a consumer rights attorney in your area to inquire about suing under the Fair Debt Collection Practices Act. This is a STATUTORY law, so no real damages need to be proven, just that the debt buyer has broken the law. This is a much easier standard to meet. Under the FDCPA the debt buyer cannot misrepresent the character or amount of any debt. By re-aging this, and placing it on your credit report, they are very likely to have violated this law. However, only an attorney can properly evaluate this. If they take your case, you will not usually have to pay anything. They will get paid if/when the case is won and/or settles. You will get $1,000 maximim, but the attorney can get $2,500 - $3,500. So they have an incentive to take these cases.

GOOD LUCK!

Jeff

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Thanks Jeff. I really believe this is indeed what has happen. I even have a report back from 2006 with the DOLA being 2004. I have sent a DV and I am waiting for a response. But I will be contacting a lawyer to ask some questions. I hope it was worth it to them because all I owe is $1000. So to be sued for a $1000 due to re-aging seems so stupid on their part. You think I may have a chance at using this to my advantage for a PFD? Let me know what your thoughts are.