EOS CCA RE aged account and reported twice

[Anonymous]

So on Feb 28 I found out EOS CCA decided they were going to try to Re age an account from 2007.  I first saw it as an Derogatory Alert from Credit Sesame on 2/28 for the amount of $8038.  I immedately filed a dispute with Experian saying it was a regaed account and had not be validated as I asked as well as with the BBB.  Here is the transcript from the BBB complain so far:

Complaint Details

EOS CCA has placed a derogatory account on my credit report for a debt they have not validated with me

Desired Outcome/Settlement

Desired Settlement: Other (requires explanation)

Delete all above referenced account from the credit reports

Wednesday, March 04, 2015

March 4, 2015

Re:Complaint ID: (redacted)
EOS CCA #: (redacted) | US Asset Management
Original Creditor: College Loan Corp | Creditor Account #: redacted)

Dear BBB:
EOS CCA has received Mr. ______’s dispute. As part of our reasonable investigation, we have sent our client a request to obtain an itemized bill in an effort to validate the total charges placed with our agency for collections. This information has been forwarded to Mr. Rooney’s address of record to review via U.S.P.S. on 03/4/2015. The statements reflect the original signed agreement with ‘The Art Institute of CA’ –Orange County’ dated 07/06/2007 for the amount of $5,300.00. The balance has since has accrued interest and fees, and the amount now due is $8044.83. The account remains open with our office in a temporary status that will cease communications which will allow time for Mr. ______ to receive and review the information.
If you have any questions, please contact my office at 800-###-####, extension #####.
Sincerely,
EOS CCA Consumer Relations Department

Wednesday, March 04, 2015

Better Business Bureau:
I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # (redacted).
The debt has been illegally re aged and placed back on my credit report as a new debt, this is illegal according to the FCRA.  As stated in the letter sent to you it it well outside the 7 year limit of being reported on my credit report.  I have received a derogatory mark from EOS CCA on my credit report because of this debt.  Also not this debt is well outside the 4 year statute of limitations in California.  I do not acknowledge that the stated debt is mine in anyway shape or form and still have not received any validation paperwork from EOS CCA.
Regards,
________

Friday, March 06, 2015

March 6, 2015

Re:Complaint ID: (redacted)

Dear BBB:
We have reviewed Mr. _____’s response, and per our client’s records, which have been sent to Mr. Rooney in response to his request for validation, Mr. ______signed a loan agreement with ‘The Art Institute of CA’ –Orange County’ dated 07/06/2007 for the amount of $5,300.00, which became delinquent on 10/15/2009.
The account was placed with our agency for collections on 7/31/2014 and currently has a balance of $8044.83. The account remains open with our agency and has been placed in a hold status, which will temporarily cease communications with Mr. Rooney, to allow him time to receive and review the information provided to validate the debt.
If you have any questions, please contact my office at 800-###-####, extension #####.
Sincerely,
EOS CCA Consumer Relations Department

Friday, March 06, 2015

Better Business Bureau:
I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # 10506933.

Again the debt has be ILLEGALLY re aged by EOS CCA I have STILL yet to receive any documentation from EOS CCA even though I requested validation of this debt OVER 2 months ago!  This is a common tactic used by EOS CCA in the research I have found.  They have yet to address this instance and have reported a NEW debt on my credit report.  This is against the FCRA.
Regards,
_______

I again today get another Derogatory Alert from Credit Sesame from EOS CCA for the amount of $8,047!  I tried to dispute this with experian as well but the account was already shown in dispute through the online system.

Where do I go from here?  I have yet to recieve anything from EOS CCA since the contact through the BBB.  What I don't get is, did they kinda shoot themselves in the foot here...  They are openly admitting that the account 10/15/2009 which has been on my report since then.  They stated my account is in a "hold" status yet has been reported again as derogatory with an extra $9 added, and they stated they have sent me documentation to prove the debt is mine and they have not.

Mod edit; personal and contact information redacted --SE

[Anonymous]

I would try a CFPB complaint at this point.

[Anonymous]

Just filed a complaint with the CFPB as suggested:

Which best describes your issue: Attempted to collect wrong amount

Please describe your issue:

EOS CCA aka Collecto INC, has illegally re-aged a debt that has been defaulted on and reported on my credit report since (by their own admission) 10/15/2009.  The first re-age was for the amount of $8038. I have a current ongoing a BBB complaint (complaint number 10506933) in which they state the amount owed to them in $8044. During this complaint on Friday 3/6/2015, EOS CCA claim the account was "in holding".  This debt was then again been re-aged with a new amount of $8047 as of 3/7/2015.  They never responded to my debt verification letter I sent to them, nor have I received verification they stated they sent after the BBB complaint had been filed.  Any contact made with EOS CCA is met with aggressive/forced demand I pay this debt that has not been verified and threats to seek legal action on a debt outside of the SOL have been made.

What do you think is a fair resolution: Removal of all derogatory marks from EOS CCA from my credit report

[Anonymous]

So BBB was useless, they just closed the complaint say "The business tried to make a good faith effort to resolve"....  They didn't at all But at least now I have a date in writting stated by them on when they apprently sent the information.  I'm guessing my next step is wait 30 days from the 4th to send a letter to them registered mail that I never recieved the required verification information and if it is still on my credit report by then re dispute the listing with the CRA, file a new complaint with the BBB and depending on the CFPB's answer refile with them.  Is there anything else I should be wary of or that can give me an upper hand should the above actions become required?

[RobertEG]

The term "re-aging" is not defined under the FCRA.  It is typicallly used to refer to reporting of a DOFD that is less than 7 years plus 180 days prior in order to retain a reported collection in a consumer's credit report.  I assume that is the context of your usage of that term.

Simply reorting of a collection does not "re-age" its exclusion date.

The relevant date for determination of re-aging of the credit report exclusion date is the reported DOFD on the OC account that led to thte collection.

I see no discussion in any of the back-and-forth communications of the reported DOFD.  Thus, I do not see any relevant arguments as to any assertion of improper re-aging.

As for the issue of validation of the debt, the sending of a request for debt validation does not impose any period for or requirement to provide validation.

A timely DV imposes a cease collectino bar on the debt collector until such time as they choose to provide the requested validation.

While they appear, in my opinion, to have sent adequate validation, even if the consumer considers their response to be inadequate, the result would only be that the debt collector would remain under a cease collection bar.  Failure to have provided validation is not a violation of the FDCPA.

My advice is to obtain what you consider to be the actual DOFD on the OC account from your prior billing records, and if the debt collector has reported an inaccurate DOFD, dispute that reporting.  It is, in my opinion, premature to assert any illegal re-aging on their part simply by having reported to a CRA.

[Anonymous]

The DOFD was 10/15/2009 as stated in my first post.  They have reported a new delinquenacy for the same debt, twice mind you, in order to stick it on my credit report for another 7 years...  how is that not re aging the debt?  I have not recieved anything that validates the debt in any shape or form...  They have only stated that on the complaint response with the BBB the pages they suppousedly sent never arrived.  The secound about of reporting this account delinquent happened AFTER they said my suppoused account was in "hold" and they were to cease contact until validation was provide, which is still hasn't been.

[gdale6]

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@Anonymous wrote:

The DOFD was 10/15/2009 as stated in my first post.  They have reported a new delinquenacy for the same debt, twice mind you, in order to stick it on my credit report for another 7 years...  how is that not re aging the debt?  I have not recieved anything that validates the debt in any shape or form...  They have only stated that on the complaint response with the BBB the pages they suppousedly sent never arrived.  The secound about of reporting this account delinquent happened AFTER they said my suppoused account was in "hold" and they were to cease contact until validation was provide, which is still hasn't been.

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If the DoFD is in 2009 as you state that TL can report till April 2017 at the latest (7 yrs + 180 days from the DoFD). The date that a CA or JDB reports as the opening date is just the date that they receive or purchased the debt, they have to operate from the DoFD as well. Your states SOL has nothing to do with how long an item can remain on your CR. They can report the info every month and put the current month/year as the date reported that is not reaging of the debt.

Reaging is when a creditor or JDB tries to say the DoFD was at a different period in time than what it really is. A CA or JDB doesnt have to ever respond to a timely DV request it just means they cannot continue collection efforts either until such time as they do validate. A DV sent after the first 30 days of them receiving a collection and notifying you is not timely and they can choose to ignore it and still attempt collections. I dont see that you have a valid complaint on reaging here.

[RobertEG]

Debt collectors dont report account delinquiencies with the creditor, they report their collection activities.

The date of reporitng of their collection authority is not a reporting of delinquency of the OC acccount, and is not re-aging of any delinquency.

DOFD is separately and specifically requried to be reported to the CRA.

Assumng that they reported 10/15/2009 as the DOFD, then their collection will not be required to become excluded until after 4/2017.

I see no improper attempt to change the DOFD, and thus to re-age its credit report exclusion date.

[Anonymous]

they have is marked as a collection account that became past due on Mar 2015.  The payment history for the account only shows a C in Feb2015 and Mar 2015  They do not have the entire payment history on the account nor the true DOLD that I can see on Experians website.

[Anonymous]

You generally won't see a DoFD on ANY website. For some bizzare reason, monitoring sites NEVER show the DoFD, despite it being the most important date associated with a reported item. Go figure.

Have you pulled your full free files from annualcreditreport.com? On my full Experian report, all of the collection items show "This account is scheduled to continue to record until month/year" in the Status Details block. When I look at my report on the Experian site, via the dispute interface, all of my collections show, right beneath under the "Terms" block, "On Record Until" and a month/year indicating when it is to be excluded from my reports. That date is determined by the reported DoFD.

What you are describing is a 'report update', which is legal and quite common when they are agressively pursuing a debt. So you don't appear to have a valid claim of Re-Aging unless that dropoff date has now changed to Sept 2022. Has it changed? You can also request the Reported DoFD directly from Experian, but the vultures make you pay them for it.

HOWEVER - I am troubled by your statement that "threats to seek legal action on a debt outside of the SOL have been made." I believe that angle is the one you should actively pursue. I would get them on a recording saying that, and take it from there.