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Reaging Information

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Tuscani
Moderator Emeritus

Reaging Information

There are two types of "reaging" with debts. One is legal, the other isn't.
Sometimes a debt can be legally re-aged by mutual agreement between you and the OC (original creditor) prior to charge-off (not the CA aka collection agency). This may be possible if you had a temporary financial crisis that prevented you from paying, but are now able to pay.
 
We're usually more concerned with ILLEGAL reaging when dealing with credit reporting issues. Illegal "reaging" of a charged-off debt occurs when a TL (Tradeline) on your credit report (CR) is reporting a newer than your actual "FCRA Compliance Date". This allows that negative information to remain on your credit report for longer than permitted by the FCRA. (Fair Credit Reporting Act)
The FCRA Compliance Date must be reported within 90 days of the TL being placed in your credit file. Failure to report it within the mandated period is a violation of the FCRA. Illegal reaging may be perpetrated by the OC, the CA, or possibly both on the same TL. It's an FDCPA violation for the CA, and an FCRA violation for both the CA and the OC.
 
To learn about the date that illegal re-aging is based upon read the following:
CA gets caught by the FTC for reaging
http://www.ftc.gov/opa/2004/05/ncogroup.htm
 
Keep in mind that while consumers can't sue over 623a like the FTC can, we certainly can file complaints with the FTC, AG, etc if we can document violations. And after properly disputing the item, if the CA verifies the reaged date, then you get to 623b and into the position to be able to sue.
The "date opened", "date of status", and "date reported", fields on your credit report don't necessarily indicate reaging (these dates can impact your FICO score). What you need in order to prove illegal reaging is the date the FCRA *requires* data furnishers to report on CO accounts in order to prevent them from being reported past the federal reporting period. As explained in the FTC's Brinckerhoff-Johnson Opinion letter, it's the date the account commenced the delinquency leading to its charge-off status.
 
How do you get the evidence you need to document illegal reaging?
 
First, look at the hard copies of your reports and see if they have the date scheduled for removal listed. Both TransUnion and Experian now usually display a removal date for negative trade lines, which is typically 7 years after the FCRA Compliance Date reported for that trade line.
Equifax handles this issue differently. EQ often shows a field titled DOLA (Date of Last Activity), which is their way of displaying the FCRA Compliance Date. On EQ you should be able to determine the removal date by adding 7 years after the DOLA.
 
If you can't find any of this info on the hard copies of your CRs, you can simply call the CRA and ask. (BUT DO NOT CALL IF YOU HAVE DISPUTES IN PROGRESS. The CRA may consider your call as "providing additional information" and you might end up with an extra 15 days tacked on to your disputes!) Be sure to tell them that you are calling to get information only, you are NOT calling to dispute. Then simply ask for the FCRA Compliance Date reported on each account in question. If both an OC and a CA/JDB (Junk Debt Buyer) are reporting, ask for the dates reported by each. If any of them are reporting newer than actual FCRA Compliance Dates, you should really try to get this in writing for evidence.
 
Try to get written confirmation from the CRAs of inaccurately reported dates. Do not dispute the dates or anything else in this letter. Simply request the information. Keep it simple like, "Please provide the obsolescence date on this account. Also please provide the month and year the obsolescence date is based on for FCRA compliance." That's all. Note: if you write for this info, DON'T send your letter to the CRAs address for DISPUTES. Look for a consumer relations or other address to send to.
 
If possible, you should compare the reported Compliance Date with your records of the account. The dates should all match up. The CA account must show the same FCRA Compliance Date as the OC, and they both must be accurate as described in the Brinckerhoff-Johnson Opinion and the FCRA. If the CA is using more recent dates than the OC, you should have grounds for a successful complaint about reaging after properly disputing the account and specifically disputing the FCRA Compliance Date at least a couple of times. When you have the papertrail, you can demand deletion due to their willful noncompliance with the law, and file complaints with the FTC, the AGs, etc, about it.
 
Message 1 of 32
31 REPLIES 31
Anonymous
Not applicable

Re: Reaging Information

This is a good summary.  It should be a sticky on this thread.
Message 2 of 32
Anonymous
Not applicable

Re: Reaging Information

Help! I had an account with Pacific Bell which later merged with At&t. The account was closed in May 2000. In reviewing my credit report I am showing both Asset Acceptance and American Agencies trying to collect  for the same debt concurrently. Both are on my credit report and both are showing dated of 2002 and 2004 respectively. I have disputed these accounts online with both Experian and TransUnion with a response from both as "Updated and Verified." I then sent a letter to all three creit bureaus and both collection agencies advising they are both collecting on the same account and the fact the account was from 2000. I have made no payments on these accounts and requested proof to validate that the "re-aging" was within  the parameters of the law. I have received no response from either of the two agencies.
 
Today I received another copy of my Experian credit report stating that these items were scheduled to remain on my credit until 2009 and 2011. I am frustrated and unsure whether to pursue the assistance of an attorney. I contacted the orginal creditor who states since they are no longer Pacific Bell they will be unable to help. From reading these boards it sure sounds like this is a common problem. Any advise?
Message 3 of 32
Anonymous
Not applicable

Reaging accounts

Question #1 

 

I am in the process of reviewing my credit and disputing some possible errors that I have found. One tatic that I am hearing about is the Reaging of accounts. I would like to know more information on this tactic and maybe hear some experiences doing this. Are there any negatives to reaging an account? How would I know it is an appropriate time to reage an account? What is the best way/steps to reage an account?

 

Questions #2

 

I have heard that coorespnding with Account Holders and requesting credit improvement reports is a viable resource. Anyone have any experience with this?

 

Thank you in advance for any, all insight and any tips/tricks to improve my credit!

Message 4 of 32
llecs
Moderator Emeritus

Re: Reaging accounts


Cmeq wrote:

Question #1 

 

I am in the process of reviewing my credit and disputing some possible errors that I have found. One tatic that I am hearing about is the Reaging of accounts. I would like to know more information on this tactic and maybe hear some experiences doing this. Are there any negatives to reaging an account? How would I know it is an appropriate time to reage an account? What is the best way/steps to reage an account?

 

Questions #2

 

I have heard that coorespnding with Account Holders and requesting credit improvement reports is a viable resource. Anyone have any experience with this?

 

Thank you in advance for any, all insight and any tips/tricks to improve my credit!


 

1) Reaging is a bad thing and its something you don't want to happen to you. And you don't re-age the acct, the OC/CA does it, illegally, by altering the DOFD.

 

2) I don't understand the question. Could you clarify?

Message 5 of 32
Anonymous
Not applicable

Re: Reaging accounts

I think you might be confusing "reaging" with "loan forgiveness/rehabilitation".

 

This article might help:

 

Why Lenders Might Forgive Your Debt

Message 6 of 32
Anonymous
Not applicable

Re: Reaging Information

what happens if you know the DOLA listed is incorrect, but cannot find any past paperwork or documets to prove this? would i basically have to accept that they added 3 to 4 years to my account if the CRA gives me a FCRA compliance date of 2005? i had an account that i have not paid a penny towards since late 2001 early 2002 (cannot remember exact time) and it shows on my report as DOLA 2005!

 

and since the account is so old would it be a bad idea to dispute the dates or would that be like waking a sleeping giant? sorry, i'm still trying to grasp all this credit stuff. there is just so much.

Message Edited by scorechaser on 03-19-2009 10:18 PM
Message 7 of 32
llecs
Moderator Emeritus

Re: Reaging Information


scorechaser wrote:

what happens if you know the DOLA listed is incorrect, but cannot find any past paperwork or documets to prove this? would i basically have to accept that they added 3 to 4 years to my account if the CRA gives me a FCRA compliance date of 2005? i had an account that i have not paid a penny towards since late 2001 early 2002 (cannot remember exact time) and it shows on my report as DOLA 2005!

 

and since the account is so old would it be a bad idea to dispute the dates or would that be like waking a sleeping giant? sorry, i'm still trying to grasp all this credit stuff. there is just so much.

Message Edited by scorechaser on 03-19-2009 10:18 PM

The DOLA date has no bearing or impact on your CRTP. CRTP goes off of DOFD. Often when the CA updates your account, whether through a dispute, DV, PFD, GW, etc., they will chnage the DOLA. Ignore that date. Make sure DOFD and the drop-off date hasn't changed.
Message 8 of 32
Iwillobtaingreatcredit
Valued Member

Re: Reaging Information

Hi mend81068 ,

 

I have the same problem as you listed below and I was wondering did you ever get an answer to your post or do you have an answer as to what to do?

 

 

MYFico
Message 9 of 32
Anonymous
Not applicable

Re: Reaging Information


@llecs wrote:

@Anonymous wrote:

what happens if you know the DOLA listed is incorrect, but cannot find any past paperwork or documets to prove this? would i basically have to accept that they added 3 to 4 years to my account if the CRA gives me a FCRA compliance date of 2005? i had an account that i have not paid a penny towards since late 2001 early 2002 (cannot remember exact time) and it shows on my report as DOLA 2005!

 

and since the account is so old would it be a bad idea to dispute the dates or would that be like waking a sleeping giant? sorry, i'm still trying to grasp all this credit stuff. there is just so much.

Message Edited by scorechaser on 03-19-2009 10:18 PM

The DOLA date has no bearing or impact on your CRTP. CRTP goes off of DOFD. Often when the CA updates your account, whether through a dispute, DV, PFD, GW, etc., they will chnage the DOLA. Ignore that date. Make sure DOFD and the drop-off date hasn't changed.

 

good evening,

 

I see that you made a statement: Make sure DOFD and the drop off date hasn't change, well i have gotten my credit report today and i have two showing a different date from my DOFD. This is what i have,  AFNI, drop off date is 1/2013, but my new report showing 8/09 prior delinq and i have another account doing the same thing but different dates..What should i do about this? pls help...Smiley Sad

 

 

Message 10 of 32
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