Can a Collection Agency report 120 days late?!

[avigeant83]

Well I just purchased my Equifax fico score and it said that my most recent late was 5 months ago. I haven't been late in 10-11 months since last May of 2012. Then I realized the CA that I been battling to get off my report "Midland" has reported me TWICE as 120 days late in October and November. This account has been taken off my CR with Experian and Transunion. I disputed this account to FTC and BBB around that time. I know the collection hurts my score but is this 120 day late affecting it as well? They haven't reported 120 days late since that time. They purchased this from T-Mobile (never had a T-Mobile phone) back in 02/2012. Any help?

[guiness56]

No, they cannot report as 120 days late.  They can report what the worst delinquency on the account is.

[avigeant83]

When I check my FICO Equifax it says 5 months was the last time I was late and was bringing down my score (its already low). I sent out a dispute about this but nothing seems to get done with my disputes. I have an old charge off/collection with American Student Assistance that was paid in 2/2011 and they have say my account went to ACS, ACS has no knowledge of my account. Neither party has any info about my account standing even though on the CR it claims that it was to ASA. Could I dispute this and get this one off?

[RobertEG]

Yes, a debt collector can report a prior delinquency status on the OC account.

No, they cannot report delinquencies on the collection itself, as you have no account agreement with them upon which to base a billing statement, and thus no billing due date upon which to base a reported delinquency.

It is most likely simply the reporting of the delinquency status on the OC account at time of thier collection referral.

As for a dispute, you can always dispute the accuracy of any information reported to your credit file.

However, if the information is inaccurate, the furnisher always has the option to correct their reporting so as to overcome any inaccuracy.

Deletion is only required if they fail to either affirm the accuracy as reported or to correct an inaccuracy.

[mnosal9]

Did you pay the collection account yet?

[avigeant83]

I didn't pay the collection because it's Midland and they refuse to delete even though it's over 5 years old. My issue with this account is it's from T-Mobile and I never had T-Mobile, they claim it went DOFD from them on 02/2008 and Midland took the account of 02/2012, they didnt report the 120 days late til Oct and Nov of 2012 when I sent this account to FTC and BBB. This is seriously affected my equifax score, the other 2 bureaus got this deleted! I just don't understand it.....

[DaBears]

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@avigeant83 wrote:

I didn't pay the collection because it's Midland and they refuse to delete even though it's over 5 years old. My issue with this account is it's from T-Mobile and I never had T-Mobile, they claim it went DOFD from them on 02/2008 and Midland took the account of 02/2012, they didnt report the 120 days late til Oct and Nov of 2012 when I sent this account to FTC and BBB. This is seriously affected my equifax score, the other 2 bureaus got this deleted! I just don't understand it.....

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If you know that you never had a T-Mobile account and they refuse to delete, I would suggest getting a police report for Identity Theft then sending it with all the required docs to the 3 CRA's.