some questions about re-aging and invalid credit reporting

[Anonymous]

Hello, 

I am new to these forums and hoped some of you could help.  I have worked hard the past year to help clear up my credit report but it still remains low due to 2 items that are being reported.  Anyway, my Equifax is showing one credit agency that has "Account transferred or sold" by it.  Anyway, the Credit Agency (CA) is falsely reporting payments for the last 2 years!  If you look where the monthly payment history is, they report that I make a payment for a few months then the next month it either says "late" or  "collection agency".  I have a whole 2 years of this.  For instance, it says January, February and March of 2012 as "OK (currently paid as agreed)" but the next month says "CO" and then a few more months are listed as paid and then I see a "30 day late."  So my question is, is this a form of "re-aging"???  Is this false reporting to the credit bureau's illegal?  If so, what are my options?  I know they are falsely reporting that I make payments so they can continue to report negatively on my credit and keep this going and going.  Any information is greatly appreciated.  I have 2 credit agencies doing this to me .... once I get these off I am completely clean.  I'm at the point now where I want to sue.  Please respond.

[llecs]

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@Anonymous wrote:

Hello, 

I am new to these forums and hoped some of you could help.  I have worked hard the past year to help clear up my credit report but it still remains low due to 2 items that are being reported.  Anyway, my Equifax is showing one credit agency that has "Account transferred or sold" by it.  Anyway, the Credit Agency (CA) is falsely reporting payments for the last 2 years!  If you look where the monthly payment history is, they report that I make a payment for a few months then the next month it either says "late" or  "collection agency".  I have a whole 2 years of this.  For instance, it says January, February and March of 2012 as "OK (currently paid as agreed)" but the next month says "CO" and then a few more months are listed as paid and then I see a "30 day late."  So my question is, is this a form of "re-aging"???  Is this false reporting to the credit bureau's illegal?  If so, what are my options?  I know they are falsely reporting that I make payments so they can continue to report negatively on my credit and keep this going and going.  Any information is greatly appreciated.  I have 2 credit agencies doing this to me .... once I get these off I am completely clean.  I'm at the point now where I want to sue.  Please respond.

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When you refer to the credit agency, do you mean original creditor (OC, like Macys, Citi, Amex, etc.) or collection agency (CA on these forums, like AFNI, Midland, LVNV, etc.)?

Re-aging is when the DOFD changes. Updating a baddie isn't re-aging.

Even if making payments, a CO or CA can continue to report and would be reporting negatively because of the status of the acct. 

Have you tried PFDs if unpain or GWs if paid?

[Anonymous]

Thank you for your reply, I am being reported on by the original creditor even though it says its been sold.  The problem is, I have never made payments on this and don't even think it is mine so I don't see how it is legal for them to report that I am making payments when in fact that I am not.  I feel that they are falsely reporting that I am making payments some months so that they can continue to ruin my credit by reporting other months as unpaid.  It shows two years of  some months of payments and some of missed payments....none of which I ever made.  I don't see how this is legal.  If they want to say I'm not making any payments that is one thing but to keep the ball rolling by once in a while saying that I make a payment is wrong and false.  So I'm not sure what to do at this point because it appears that all a creditor has to do is once in a while lie by saying you make a payment.  The reason I am asking about this is because I was told that once you make a payment on something it starts the clock again.  So basically if payment is no longer made on a debt, it can be on your record for 7 or 7.5 years but sometime during those 7 years if you make a payment, or in my case a false payment is reported, that the clock starts all over again for the 7 to 7.5 years.  

[guiness56]

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@Anonymous wrote:

Thank you for your reply, I am being reported on by the original creditor even though it says its been sold.  The problem is, I have never made payments on this and don't even think it is mine so I don't see how it is legal for them to report that I am making payments when in fact that I am not.  I feel that they are falsely reporting that I am making payments some months so that they can continue to ruin my credit by reporting other months as unpaid.  It shows two years of  some months of payments and some of missed payments....none of which I ever made.  I don't see how this is legal.  If they want to say I'm not making any payments that is one thing but to keep the ball rolling by once in a while saying that I make a payment is wrong and false.  So I'm not sure what to do at this point because it appears that all a creditor has to do is once in a while lie by saying you make a payment.  The reason I am asking about this is because I was told that once you make a payment on something it starts the clock again.  So basically if payment is no longer made on a debt, it can be on your record for 7 or 7.5 years but sometime during those 7 years if you make a payment, or in my case a false payment is reported, that the clock starts all over again for the 7 to 7.5 years.  

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Items fall off your report according to the DoFD.  That date cannot be changed by anyone.   Even if you were making payments, it would still come off at the original date.  The only thing making a payment would do is restart the state suing SOL.

[Anonymous]

Thank you for this info.  How do I find out the DoFD?  Do I call the credit bureau?

[llecs]

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@Anonymous wrote:

Thank you for this info.  How do I find out the DoFD?  Do I call the credit bureau?

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You can. YOu can also find DOFD listed on your full EQ report as purchased via Equifax.com or free via annualcreditreport.com. Full reports from EX and TU do not list DOFD but it'll list an est. drop off date and you can subtract 7-7.5 yrs to get a rough DOFD.

[loviedovie]

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@guiness56 wrote:

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@Anonymous wrote:

Thank you for your reply, I am being reported on by the original creditor even though it says its been sold.  The problem is, I have never made payments on this and don't even think it is mine so I don't see how it is legal for them to report that I am making payments when in fact that I am not.  I feel that they are falsely reporting that I am making payments some months so that they can continue to ruin my credit by reporting other months as unpaid.  It shows two years of  some months of payments and some of missed payments....none of which I ever made.  I don't see how this is legal.  If they want to say I'm not making any payments that is one thing but to keep the ball rolling by once in a while saying that I make a payment is wrong and false.  So I'm not sure what to do at this point because it appears that all a creditor has to do is once in a while lie by saying you make a payment.  The reason I am asking about this is because I was told that once you make a payment on something it starts the clock again.  So basically if payment is no longer made on a debt, it can be on your record for 7 or 7.5 years but sometime during those 7 years if you make a payment, or in my case a false payment is reported, that the clock starts all over again for the 7 to 7.5 years.  

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Items fall off your report according to the DoFD.  That date cannot be changed by anyone.   Even if you were making payments, it would still come off at the original date.  The only thing making a payment would do is restart the state suing SOL.

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Is this true even if the CO doesn't report it until several years after the DoFD?

So it will fall off 7 years from the DoFD, not from the date it appeared on your report? That is good to know. 

[RobertEG]

If the debt collector, or anyone, is reporting payments that you did not make, that is inaccurate reporting.

You can file a direct dispute with them, contesting the accuracy of that reporting.  That will require them to investigate, and either verify the accuracy of their reporting, or delete the inaccurate reporting.

Inaccurate reporting is not, per se, a violation of the FCRA.  No statute can mandate human accuracy.  It becomes a violation if they made reporting with knowledge that it was incorrect.  Best to keep your dispute focused on the inaccuracy rather than rasiing issues of violation of statute.

As for exclusion of items from your CR, the dates of exclusion are all, except for unpaid tax liens, based on the date of the relevant delinquency reported, and not upon any later account activity, such as payments or updated reporting on their part..

DOFD only applies to collections and charge-offs, and fixes the CR exclusion date at 7 years plus 180 days from that single, date-certain.

[guiness56]

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@loviedovie wrote:

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@guiness56 wrote:

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@Anonymous wrote:

Thank you for your reply, I am being reported on by the original creditor even though it says its been sold.  The problem is, I have never made payments on this and don't even think it is mine so I don't see how it is legal for them to report that I am making payments when in fact that I am not.  I feel that they are falsely reporting that I am making payments some months so that they can continue to ruin my credit by reporting other months as unpaid.  It shows two years of  some months of payments and some of missed payments....none of which I ever made.  I don't see how this is legal.  If they want to say I'm not making any payments that is one thing but to keep the ball rolling by once in a while saying that I make a payment is wrong and false.  So I'm not sure what to do at this point because it appears that all a creditor has to do is once in a while lie by saying you make a payment.  The reason I am asking about this is because I was told that once you make a payment on something it starts the clock again.  So basically if payment is no longer made on a debt, it can be on your record for 7 or 7.5 years but sometime during those 7 years if you make a payment, or in my case a false payment is reported, that the clock starts all over again for the 7 to 7.5 years.  

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Items fall off your report according to the DoFD.  That date cannot be changed by anyone.   Even if you were making payments, it would still come off at the original date.  The only thing making a payment would do is restart the state suing SOL.

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Is this true even if the CO doesn't report it until several years after the DoFD?

So it will fall off 7 years from the DoFD, not from the date it appeared on your report? That is good to know. 

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It doesn't matter when it reports.  It will still come off according to the DoFD.  7 years plus 6 months.