Dispute? DV? Call OC?

[Hollywood1313]

Ugh. So apparently zombies have infiltrated my CR. I was checking Credit Sesame the other night and saw an alert that 2 derogs were posted. Shows Bureau of Collection Recovery, opened 3/13, with Columbia House as OC. This had to be at least 10 years ago that I had an account with them, and it might have been included it in one of my BKs, I'm trying to find my paperwork. So what do I do? Dispute with the CRAs as obsolete? DV the CA, they haven't sent me anything or called? Call the OC to see when I had an account with them or if someone opened one in my name? It's annoying that they do this. My dad told me last night "just wait til one shows up that's 20 years old. They'll say they'll delete it, but they don't have to!" Now I'm really concerned about my parents' knowledge of credit Any advice on the zombies?

[guiness56]

Start by sending out DVs. 

If a CA added a 20 year old debt to your credit report and you can prove it is old, you bet they have to delete.  And face a violation for reporting in the first place.

[Shogun]

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@guiness56 wrote:

Start by sending out DVs. 

If a CA added a 20 year old debt to your credit report and you can prove it is old, you bet they have to delete.  And face a violation for reporting in the first place.

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+1

A CA can report a debt from 20 years ago, however the CRAs are to exclude anything over 7 years +180 days from the DOFD.  I would bet the CA has re-aged this particular  debt, changing the DOFD to be able to allow it to be posted.  As guiness has stated, you should send out an immediate DV to get information concerning this account.

[DaBears]

+1

[RobertEG]

+1

As for what to do, first send the debt collector a DV.  While it wont block credit reporting, as that damage has already been done, it will put in place a cease collection bar until such time as they verify, thus providing them incentive to provide you details of the account.  Make sure, in your DV, to also make a specific request for the name of the OC, as that is not required as parrt of validation unless specifically requested, and an itemization of the asserted debt.

Second, if you dont receive dunning notice within 5 days plus mail time, they are in violation of FDCPA 809(a), to which you can flile a formal complaint with the FTC, and cc: a copy to the debt collector.

Third, try to obtain the DOFD that they reported to the CRA.  Once you have that date, compare with your account records to determine if it is accurate.

If not, send them a direct dispute for inaccurate reporting of DOFD.

That process may require a little wait time, as the debt collector has 90 days from reporting of their collection to provide the DOFD to the CRA.  FCRA 623(a)(5).

If they reported without providiing the DOFD, that is a loophole in the statute, as they have 90 days to do so.  If that is what occured, the CRA has no way to determine that the collection must be excluded, and might explain why it is showing in your CR.  However, once they do report the DOFD, the CRA will then exclude their reporting from your CR if more than 7 yrs plus 180 days prior.

Finally, notwithstanding any of the above, should you, after obtaining the name of the OC, determine that you never authorized any account with them, you can get any credit reporting related to that account blocked from your credit report simply by filing a police report and sending it to the CRA under the identitty theft provisions of FCRA 605B.

[Hollywood1313]

Thank you so much for the replies! I will get the DV sent out as soon as I can. I appreciate all of the great info!!

[Hollywood1313]

I'm getting the DV ready to send out, but I found out that it was IIB. Do I comment in the DV that it was or now dispute?

[guiness56]

No, don't include that comment.  See what they reply with or even if they do.

It was your debt then?

If it was included in BK it is illegal for them to try to collect.

Either way it is too old to be added to your CR.