Did CA Re-age this account??

[Anonymous]

After pulling my report I found a collection for a water utility that I was unaware of. The Collection agency is the one reporting to the bureaus so I sent a DV on March 1st (I believe that was the date) I never received a response so I then sent them another DV/Dispute advising that I never even received a dunning notice. Once again I never received a response. I then went to the OC (which was listed on the collection agency's account ) and asked them for documentation of the alleged debt. They provided me with a statement that showed the account was first deliquent in 2011. I found this to be weird since my Credit report shows the account listed will not fall off until 2021. This is what's considered "RE-AGING" right? 

[gdale6]

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@Anonymous wrote:

After pulling my report I found a collection for a water utility that I was unaware of. The Collection agency is the one reporting to the bureaus so I sent a DV on March 1st (I believe that was the date) I never received a response so I then sent them another DV/Dispute advising that I never even received a dunning notice. Once again I never received a response. I then went to the OC (which was listed on the collection agency's account ) and asked them for documentation of the alleged debt. They provided me with a statement that showed the account was first deliquent in 2011. I found this to be weird since my Credit report shows the account listed will not fall off until 2021. This is what's considered "RE-AGING" right? 

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Correct, the DoFD cannot be changed and its the point you are 30 days late and never again bring the account current. I would try to make a deal with the OC to pay it in exchange for them recalling their collector. You can also file a CPFB complaint against the CA for violation of the FCRA.

[Anonymous]

Gdale your the man/woman!! Your always helping people out with their questions.. Now as far as talking with the OC, when I went in (local utility company) they told me they could take a payment and then they would notify CA paid in fulll, so I politely told them I would attempt to contact the CA one last time because I was trying to clear my credit up. She did not indicate they would call it back, although at the time I didn't ask. I only noticed the date descrepancy after they gave me some info about the account. I did just send a letter 3 days ago to the CA advising them I was aware they re-aged the account and that it is an erroneous violation. I offered to pay the debt in ful, anyways, as long as they deleted the account. I advised them if they did not agree to the offer that i would have no other option left but to file a complaint with the consumer financial protection Bureau, FTC, BBB, and pursue possible legal action. Was this the wrong move???

Edit: Just to add, I was very careful with the wording I used in the letter and made it evident that this was an alleged debt and that I still had no documentation from them (CA). I added that the letter was not to be interrepted as liability for the alleged debt or as a promise to pay unless he agreed to the terms.

[Anonymous]

Does anyone think I should contact the OC today before they close (5pm) and let them know of the violation I found from the CA they hired? I already sent the CA a letter that he probably received today (as stated in above comment), but I'm thinking it couldnt hurt to contact the OC and let them know too in hope that they may contact the CA on the spot and just tell them to remove the account so I can pay them. Or should I just wait for a response fomr the CA?? Any advise would be great since it's almost 5pm here (east coast) and tomorrow they'll be closed since its the weekend.  Thanks in advance!!

[gdale6]

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@Anonymous wrote:

Gdale your the man/woman!! Your always helping people out with their questions.. Now as far as talking with the OC, when I went in (local utility company) they told me they could take a payment and then they would notify CA paid in fulll, so I politely told them I would attempt to contact the CA one last time because I was trying to clear my credit up. She did not indicate they would call it back, although at the time I didn't ask. I only noticed the date descrepancy after they gave me some info about the account. I did just send a letter 3 days ago to the CA advising them I was aware they re-aged the account and that it is an erroneous violation. I offered to pay the debt in ful, anyways, as long as they deleted the account. I advised them if they did not agree to the offer that i would have no other option left but to file a complaint with the consumer financial protection Bureau, FTC, BBB, and pursue possible legal action. Was this the wrong move???

Edit: Just to add, I was very careful with the wording I used in the letter and made it evident that this was an alleged debt and that I still had no documentation from them (CA). I added that the letter was not to be interrepted as liability for the alleged debt or as a promise to pay unless he agreed to the terms.

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I dont think its the wrong move and I would make no other until you hear back from them, you only allow a reasonable amount of time, 30 days or so for their response. Just keep all evidence you have in writing on this as well as a log of whom you may have called on this and when.

[RobertEG]

The fact that the creditr stated that your first account delinquency occured in 2011 is not evidence that that is your DOFD.

A first acccount delinquency is not necessarily the DOFD.  If the account was brought back into good standing after a prior delinquency status, then the next first delinquency becomes the DOFD.

The issue of violation on the part of the debt collector in reporting of the DOFD is dependent upon whether they complied with FCRA 623(a)(5).

The consumer has no way of determining whether the debt collector complied with the provisions of section 623(a)(5) when they obtaied and reported the DOFD.

Thus, it is premature to assert violation of the statute by illegal re-aging.  That is a legal determiantion that may or may not be shown.

The real issue is whether the reported DOFD is accurate, not whether the debt collector's reporting was knowingly in violation of the reporting requirments of section 623(a)(5).  Thus, the first step is to file a dispute, asserting inaccuracy of the reported DOFD without asserting illegal re-aging.

As an example, section 623(a)(5) requires the debt collector to obtain the DOFD by prescribed procedures, and to report that DOFD to the CRA within 90 days after reproting their collection.  If the OC has never reported the DOFD to the CRA, which is apparetntly your scenario, then the debt collector was required to have contacted the OC and atteempted to obtain the DOFD from them.  If the OC gives them a date, the debt collector has complied with their reporting requirements if they report that date.  The consuerm has no way of knowing what date the OC provided to the debt collector.

If the OC did not provide the debt collector a DOFD, then seciton 623(a)(5) then permits the debt collector to make their best estimate, but in no case can report a DOFD that is later than the date they recieved their collection authoriyt.  Again, without knowing whether the OC provided a DOFD to the debt collector, it is not possible to determine the debt collector improperly reported a DOFD.

Bottom line....file a dispute contesting the accuracy of the reported DOFD before jumping the gun and asserring a violation by the debt collector for knowingly reporting an improper DOFD.