04-02-2013 03:01 PM
I have a debt from 2007 that was removed by one collection agency a few years and re-appeared with a new collection agency last year that i am working on. I contacted them a few weeks and was verbally advised this debt would be removed ASAP and all collection activity would cease and it would also be removed from my credit reports. A few weeks passed and its still showing.. i contacted them again and spoke with a snotty rep that stated they would NOT remove debt. I called back again and this new rep, under direction of his manager indicated that they HAD recieved the debt validation letter that i sent them and they would cease collections until verified BUT WOULD NOT delete from credit bureaus. This is from june 2007- so going on 6 years and this is also a cell phone.. isnt there a SOL on phone bills or "contracts" that are verbal and also arent they SUPPOSED to delete from credit bureaus until resolved? tmobile has been sold over and over again to different companies but i think this collection agency somehow validated it.. is there a way to send documentation to make them at least update the original date to 2007 so it doesnt look like a brand new collection or do something to make them stop reporting this as new debt or reporting period. I will also be contacting the BBB about this as well.
Thanks for your help in advance.
04-02-2013 03:38 PM
They didn't have to delete, but if they agreed in writing they would then you can certainly use that to your advantage. If nothing was in writing, then certainly try to get them to say that.
Cell phone bills would fall under written contracts because there's likely an online or in-person for you had to sign for. In any case, SOL has nothing to do with reporting. SOL is the time frame they have to sue and could easily be anywhere from 3 to 15 years depending on where you live. Even if SOL expires, a creditor can collect forever. CRTP is the credit reporting time period and that's set by federal law (vs. state) and that's 7-7.5 yrs from the DOFD. By law you only have 30 days from the initial collection notice to send a DV. If they report after 30 days, a DV can't force them to delete.
What do you mean by "new date"? The date that determines the age of a collection is DOFD. That date cannot change. But there are other dates that will change when a new CA reports including the DOLA and the opened date. Ignore these dates. It's like playing whack-a-mole. Just keep sending new DVs with each new CA and if verified, send a PFD.
04-02-2013 08:51 PM
ok i looked it up and the date opened, date reported, date of status and last reported all are in 2011/2012 BUT there is a note indicating that it will remain on the report until Feb 2014 .. but thats the only indication that the debt isi old... and thats only on report.. the rest just have the 2011 and 2012 dates.
04-03-2013 06:21 AM
04-03-2013 07:03 AM
Creditors can certainly view it as newer, but the dates are supposed to be reporting that way. FICO would score off the DOFD, but in some cases can ding if the CA is continually updating (e.g. month to month).
04-03-2013 08:31 AM
04-03-2013 08:43 AM
Hmmm but since it appears per the ca that dofd is in 2012 is this hurting my score ? Should I req cb to update to 2007 date ?
If the correct DOFD is 2007, and you have a CA that clearly shows a DOFD of 2012, then they are misreporting. But make for sure you are looking at the DOFD date. If other dates like "Date of First Major Delinquency", "Date of Last Activity", "Date Reported", and "Date Opened" show 2012, then they are not misreporting. Only your EQ report will show DOFD. TU and EX will show a drop off date. (assuming you pull all 3 directly from the CRAs).
If indeed they show a 2012 DOFD and you have proof of a 2007 DOFD, then you can certainly dispute that. A 2012 DOFD means they won't delete until 2019.