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New Collection Item Added to Experian CR

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AtikusKhuda
Established Member

New Collection Item Added to Experian CR

Hello,

 

On 05/13/2014 I received and alert that I had a new collection item added to my Experian CR. The company listed is Hunter Warfield, but the collection date information is incorrect, it is listed at 11/2007. But I am sure the oringal for this item was 12/2004. Also I did not receive any letters from Hunter Warfield requesting payment or even a phone call. Can Hunter Warfield add a collection item to any CR report without attemping to contact the debtor prior? And if the oringal date of the debt was in 2004 how can they change the date of the debt?

 

Thanks,

Atikus

Starting Score: 657

As of 4-24-2014 Current Score: EQ 664, EX 637, TU 653 (All FICO)
As of 10-09-2014 Current Score: EQ 648, EX 710, TU 680 (All FICO)
Goal Score: 740+

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  Seedling again as of 05/08/14
Message 1 of 11
10 REPLIES 10
bigB12
Established Member

Re: New Collection Item Added to Experian CR

If you know for a fact this is a 10 year old debt, send them a DV letter and say it is out of SOL.  I believe you could even dispute it on your report as out of SOL and have it removed.  For the reporting part, I don't have an answer for you but I'm sure someone else does.

Message 2 of 11
gdale6
Moderator Emeritus

Re: New Collection Item Added to Experian CR


@AtikusKhuda wrote:

Hello,

 

On 05/13/2014 I received and alert that I had a new collection item added to my Experian CR. The company listed is Hunter Warfield, but the collection date information is incorrect, it is listed at 11/2007. But I am sure the oringal for this item was 12/2004. Also I did not receive any letters from Hunter Warfield requesting payment or even a phone call. Can Hunter Warfield add a collection item to any CR report without attemping to contact the debtor prior? And if the oringal date of the debt was in 2004 how can they change the date of the debt?

 

Thanks,

Atikus


The amount of time a negative item can report is set by the FCRA, for an account that goes to CO status its 7 yrs + 180 days from the DOFD. If the account went delinquent in 2004 and advanced to CO then it would be illegal for a CA or JDB to report it with a new date of 2007, this is called reaging. At this late date I suspect you are dealing with a JDB who owns the debt now. I would dispute it as too old to report if you are sure its from 2004. You can also send a DV to the JDB and it may just disappear, I would first verify its past your states SOL.

Message 3 of 11
AtikusKhuda
Established Member

Re: New Collection Item Added to Experian CR

Thank you both for your assistance. I will send a DV to the CA and see how things progress.

Starting Score: 657

As of 4-24-2014 Current Score: EQ 664, EX 637, TU 653 (All FICO)
As of 10-09-2014 Current Score: EQ 648, EX 710, TU 680 (All FICO)
Goal Score: 740+

Cards: QuickSilver One 2000, Chase Slate 4.5K, Discover iT 750, Dell 2K, QuickSilver One 3000
Take the FICO Fitness Challenge
  Seedling again as of 05/08/14
Message 4 of 11
Shogun
Moderator Emeritus

Re: New Collection Item Added to Experian CR


@AtikusKhuda wrote:

Hello,

 

On 05/13/2014 I received and alert that I had a new collection item added to my Experian CR. The company listed is Hunter Warfield, but the collection date information is incorrect, it is listed at 11/2007. But I am sure the oringal for this item was 12/2004. Also I did not receive any letters from Hunter Warfield requesting payment or even a phone call. Can Hunter Warfield add a collection item to any CR report without attemping to contact the debtor prior? And if the oringal date of the debt was in 2004 how can they change the date of the debt?

 

Thanks,

Atikus


Yes, they can add to you without any letters or phone calls.  However, they must send you a dunning notice within 5 days of attempting to collect.  Placing this on your CR is an attempt to collect so if you were to not receive a dunning notice, that would be a violation.

 

You would need to find out the DoFD of the OC.  It seem as there is a dicrepancy.  The DoFD is set when the debt goes into arrears and not brought current.  Is that the case here?  When did you go delinquent on the account?

Starting Score: 504
July 2013 score:
EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!

June 2017 update: All scores over 820, just pure gardening now.
Message 5 of 11
AtikusKhuda
Established Member

Re: New Collection Item Added to Experian CR

DoFD was in 12/2004, I did recevie a dunning in the mail, nor did I have any phone calls from them. I have written the following DV letter to be sent out today via CM.

 

I have recently acquired a copy of my credit report. After looking it over, I found that you have issued a new collection item to my Experian Credit Report. I have not received a dunning notice or any formal form of communication from you as required under FDCPA 809(a).

 

This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a) (8)(D), of the accuracy of information you have reported to my credit file. This is a direct dispute of credit reporting. I am requesting validation of the debt, which includes a copy of the debt which you are collecting, that you have posted on my Experian Credit Report.

 Identification of the specific information being disputed:


           Account Number: 510xxxxx               Creditor: Some Place

 

 

This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, delete immediately this account from my Experian Credit report file.

Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act, or activities not in accordance with the Fair Credit Reporting Act, to be a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself.

 

 

Starting Score: 657

As of 4-24-2014 Current Score: EQ 664, EX 637, TU 653 (All FICO)
As of 10-09-2014 Current Score: EQ 648, EX 710, TU 680 (All FICO)
Goal Score: 740+

Cards: QuickSilver One 2000, Chase Slate 4.5K, Discover iT 750, Dell 2K, QuickSilver One 3000
Take the FICO Fitness Challenge
  Seedling again as of 05/08/14
Message 6 of 11
AtikusKhuda
Established Member

Re: New Collection Item Added to Experian CR

For the DoFD is the time frame for the days inculde Mon. - Fri. or Sun. - Sat. for them to reposne with a call or dunning notice?

Starting Score: 657

As of 4-24-2014 Current Score: EQ 664, EX 637, TU 653 (All FICO)
As of 10-09-2014 Current Score: EQ 648, EX 710, TU 680 (All FICO)
Goal Score: 740+

Cards: QuickSilver One 2000, Chase Slate 4.5K, Discover iT 750, Dell 2K, QuickSilver One 3000
Take the FICO Fitness Challenge
  Seedling again as of 05/08/14
Message 7 of 11
Shogun
Moderator Emeritus

Re: New Collection Item Added to Experian CR


@AtikusKhuda wrote:

Hello,

 

On 05/13/2014 I received and alert that I had a new collection item added to my Experian CR. The company listed is Hunter Warfield, but the collection date information is incorrect, it is listed at 11/2007. But I am sure the oringal for this item was 12/2004. Also I did not receive any letters from Hunter Warfield requesting payment or even a phone call. Can Hunter Warfield add a collection item to any CR report without attemping to contact the debtor prior? And if the oringal date of the debt was in 2004 how can they change the date of the debt?

 

Thanks,

Atikus


I see the potential of 2 problems here, and they are handled differently.

 

1.  The DoFD was in 2004.  This would have been removed due to passing the CRTP.  It is not up to the CA to remove this debt.  They can file the thing forever until it is paid.  It would be up to the CRA, IE: Experian to sequester this from a simple pull of you CR.

 

2.  The CA has the debt with a DoFD of 2007.  How did they come up with this date?  Was it the date that they got collection authority?  Does this date match that of the OC.

 

Do you have any CRs that have the OC listed on them with their DoFD?  This would be proof.

Starting Score: 504
July 2013 score:
EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!

June 2017 update: All scores over 820, just pure gardening now.
Message 8 of 11
AtikusKhuda
Established Member

Re: New Collection Item Added to Experian CR

Shogun this is an item that has never been listed on my any of my credit reports until it was posted to my Experian CR on 5-13-2014. But none the less I send the DV this afternoon with a specific request for the DoFD with the verification of the debt.

Starting Score: 657

As of 4-24-2014 Current Score: EQ 664, EX 637, TU 653 (All FICO)
As of 10-09-2014 Current Score: EQ 648, EX 710, TU 680 (All FICO)
Goal Score: 740+

Cards: QuickSilver One 2000, Chase Slate 4.5K, Discover iT 750, Dell 2K, QuickSilver One 3000
Take the FICO Fitness Challenge
  Seedling again as of 05/08/14
Message 9 of 11
Shogun
Moderator Emeritus

Re: New Collection Item Added to Experian CR


@AtikusKhuda wrote:

Shogun this is an item that has never been listed on my any of my credit reports until it was posted to my Experian CR on 5-13-2014. But none the less I send the DV this afternoon with a specific request for the DoFD with the verification of the debt.


Do you know who the OC was?  Maybe you could get some sort of records from them.

Starting Score: 504
July 2013 score:
EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!

June 2017 update: All scores over 820, just pure gardening now.
Message 10 of 11
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