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New CA calling / Old CA still reporting

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mystro9876
Regular Contributor

New CA calling / Old CA still reporting

Hello, Been a while since I last posted as. I pretty much have given up on my quest to improve my credit. I was trying for a solid half year to get rid my collection account that was with superior asset management. But an interesting turn of events has prelude me to jump start the process once more. Just recently I received a message from ERC stating they were trying to collect a debt, the same debt as SAM. I just checked my credit report and the old collection agency is still on it (SAM). What are my options? Is SAM still allowed to report on my credit if ERC is now responsible for owning/collecting the debt? I feel like now Is a good time to get this off and focus on the last 30 day lates I have from a few years ago. Any advice? Thanks as usual!!!
Message 1 of 5
4 REPLIES 4
RobertEG
Legendary Contributor

Re: New CA calling / Old CA still reporting

Was the prior CA closed when the new CA began collection activities?  If so, they cannot continue to report, but are not required to delete their prior reporting simply because their collection authority has been terminated.  There is no provision of the FCRA or the FDCPA that requires deletion of prior reporting on the basis of termination of their CA authority.

Message 2 of 5
mystro9876
Regular Contributor

Re: New CA calling / Old CA still reporting

So i can have multiple CA's on my credit report, representing the same debt? That doesn't seem right to me.... How can I find out if the old CA closed my account? I dont think calling them would be the best idea, as they can just lie to me about still owning the debt (since i made contact, they may feel like they can obtain the debt) In other words ,I don't trust them...

Message 3 of 5
RobertEG
Legendary Contributor

Re: New CA calling / Old CA still reporting

There are no prohibitions under either the FCRA or the FDCPA from multiple collections appearing in your CR, even if related to the same debt.

Collection reporting is done based on their status at the time of reporting as an authorized debt collector.  If their collection authority is terminated, then of course they must update certain status codes under their CA reporting, most notable of which is to update the debt balance they are collecting to $0, and must desist from future updates of status.

There are no requirements to delete prior, accurate reporting based on termination of future collection authority.

 

You may see opinions that only one collection can remain in your CR on the same debt, but in my opinion, such assertions have no basis.

Message 4 of 5
mystro9876
Regular Contributor

Re: New CA calling / Old CA still reporting

If I DV the first Collection Agency, is there a chance that they will delete their Trade Line because they can't verify the debt as they don't own it anymore?

 

Message 5 of 5
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