Can a CA reset the clock on a account deleted 3 years ago?

[Thunderseven]

Can a CA reset the clock on a derog account that met the SOL and was deleted from my CR 3 years ago?  Curious, because I received a call today from a CA - Portfolio out of Atlanta who must have bought the account from CrapOne.  Naturally I told them never to call me at work.  When I asked them about the account to see who it was for, they informed me of the dates and that it was CrapOne, at which time I pointed out to them that the SOL had past.  They then asked me, "Oh, you know about the SOL"?  I told them yes and then hung up.  This derog dropped from my CR in March 2009.  Can Portfolio reset the clock on this expired account and repost it on my CR as a derog?  I say no, but I haven't been following the forums as much as I did in the past since my CR was all cleaned up.  I'm in WV and the latest information I read regarding the SOL is 5 years from the date of last delinquency.  That was in 2002 actually around the time of the Big D.  Just checking to see if the rules have changed......  Thanks!!!!

[llecs]

SOL has nothing to do with reporting. But if you are 100% certain that the DOFD occurred in 2002, then both SOL and CRTP had expired. Even if both expired, they can still call, bug you, write you, etc. Just don't assume that the drop off coincided with the end of the 7-7.5 year CRTP. Sometimes baddies drop off early.

[Thunderseven]

Understood, my only concern was whether they could put it back on my credit report after it has dropped off?  I don't care if they bug me so long as they don't affect my CR.  I don't see how they can since they apparently bought an old account from someone and are not the original creditor.  It took me years to clean it up after my divorce and I'd like to keep it that way.  Thanks!!!

[llecs]

They can re-add it after it drops off, but if they re-add it, it cannot be older than 7-7.5 yrs from that DOFD. If your DOFD was in 2002, then you are safe.

[pizzadude]

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@Thunderseven wrote:

Understood, my only concern was whether they could put it back on my credit report after it has dropped off?  I don't care if they bug me so long as they don't affect my CR.  I don't see how they can since they apparently bought an old account from someone and are not the original creditor.  It took me years to clean it up after my divorce and I'd like to keep it that way.  Thanks!!!

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No they cannot legally change the DOFD which determines both when it drops from your credit reports ( 7 or 7.5 yrs ) and how much time they have to bring legal action ( varies by state ).

It's great that you brought up the SOL with the CA, usually once they realize that they are dealing with an informed consumer they will drop it and move on to someone else.

[Thunderseven]

Thanks!!!  I still have my monitoring service, so I'll keep an eye out for any activity.  It kind of ticked my off getting the call.  I'm at a point where I can refinance the house to take advantage of the lower rates and I don't need this screwing things up now.  I'll let you know if it DOES raise its ugly head again.  Thanks again!!! 

[RobertEG]

I would shift focus to the CRA rather than the debt collector.

The debt collector does not decide what will or will not be included in your CR.  Their obligation is to accurately report the DOFD to the CRA.

They can continue to report any accurate information to the CRA, even after the credit report exclusion period has expired.

It is the CRA that is responsible for ensuring exlcusion of information from any credit report they issue.  If they continue to include information about the collection in your CR after 7 years plus 180 days from the DOFD of record in your credit file, they are the one in violation of FCRA 605(a)(4) and 605(c), not the reporting party.

If the debt collector actually reported an updated DOFD that is the cause of continued CR inclusion, then yes, your beef would be with the debt collector for violation of FCRA 623(a)(5). 

Do you know the actual DOFD of record in your credit file?  That reporting pinpoints the source of the blame....

[Thunderseven]

Robert,

I do know that it dropped off of ALL of my CR's at the same time in 2009 and at that time I was really watching the derogs closely as they dropped off.  This one I remember came off when it should have, but I don't recall the exact DOFD.  The CA used the date 2002 in todays call, so that falls in line with the date it dropped off my CR's.  I'll keep an eye open to see if it pops up again.  Thanks!!!