Old Debt

[kronster]

I have an old DirecTV account that was closed in Jan 2006. It does not currently list on my credit report.  AFNI sent me a collection notice. I already sent them a DV letter. My question is can they still put this on my credit report even though the SOL has run out for this debt. I am in Florida.

[pizzadude]

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@kronster wrote:

I have an old DirecTV account that was closed in Jan 2006. It does not currently list on my credit report.  AFNI sent me a collection notice. I already sent them a DV letter. My question is can they still put this on my credit report even though the SOL has run out for this debt. I am in Florida.

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The credit reporting time period ( CRTP ) is 7.5 years from the DOFD of the original account.    CRTP is unrelated to the SOL, which is the period of time in which a creditor has to bring legal action against you.

If the account was closed in Jan 2006 then it likely first went delinquent sometime in late 2005.    Add 7.5 years from that date and that is the point where it should no longer show on your reports.

[FrugalRican]

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@kronster wrote:

I have an old DirecTV account that was closed in Jan 2006. It does not currently list on my credit report.  AFNI sent me a collection notice. I already sent them a DV letter. My question is can they still put this on my credit report even though the SOL has run out for this debt. I am in Florida.

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They can and I'd even bet on them appearing on your credit report if you were going to try for... say... a mortgage.

Is this what you had in mind? Mortgages have a wonderful way of bringing zombie debt to life.

[pizzadude]

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@FrugalRican wrote:

They can and I'd even bet on them appearing on your credit report if you were going to try for... say... a mortgage.

Is this what you had in mind? Mortgages have a wonderful way of bringing zombie debt to life.

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Very true.   All three CRAs sell "collection triggers" to CAs, which notify them when certain things happen, like a mortgage inquiry, etc...

[annielorie]

is that even legal ?

[pizzadude]

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@annielorie wrote:

is that even legal ?

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Yep.   Completely legal.    There is a lot of $$$ in selling your personal information.

Choose from 19 standard predictive triggers including:

• New mortgage
• Recently opened credit card
• Change in open-to-buy bankcards
• Address change
• New phone number
• Change in TransUnion Recovery Score

    http://www.transunion.com/corporate/business/solutions/collections/first-party_triggers-for-collecti...

[FrugalRican]

And that's why OP's post worries me. In my experience, people don't usually ask unless they have a major purchase in mind relatively soon.

[annielorie]

pizzadudethanks for the link quesstion is that a general collection or if they ever softed me does transunion do it on file to file .

[pizzadude]

This is just speculation on my part, but here's how I think it works:

A CA decides they want to collect on a debt that they think belongs to you.    They subscribe to the CRA triggers ( pay $$ ) to send them an update when favorable conditions exist for them to make an attempt to collect.

The CRAs monitor your reports and decide when to notify the CA, like when a mortgage inquiry appears, or you open a lot of new CCs, etc....

The CA gets the alert and then decides to put a collection record on your reports and notifies you to pay them.

[RobertEG]

Debt collectors dont make the decision as to what is included or excluded from your CR.  That decision is made exclusively by the CRAs.

The CRA monitors the reported DOFD on the OC account, and is barred by statute from continuing to include it in your CR after 7 years plus 180 days has expired from that date, and that date alone.  The debt collector can report their collection at any time they choose.  But they must either be the owner of the debt of an assigned agent of the OC.  A debt collector cannot just puruse CRs and attempt collection.  If not at least an agent of the OC, they have no permissible purpose to pull your CR.

When the debt collector reported their collection to the CRA, they were required under FCRA 623(a)(5) to have also provided the DOFD on the OC account to the CRA within 80 days thereafter.  That requirement applies regardless of whether the OC has previously reported a DOFD.  To ensure that debt collector reporting of a DOFD does not alter the reported actual date of first delinquency, section 623(a)(5) includes very specific provisions for their reporting of a DOFD.  If the OC has previously reported the DOFD on their account to the CRA, the debt collector MUST report that date,and no other.  If the OC has never reported the collection referral/DOFD to the CRA, the debt collector is required to contact the OC, and make a good faith effort to get the DOFD directly from the horse's mouth.  If they obtain a statement of DOFD from the OC, they MUST report that date.

What does your CR show as to compliance with their respective reporting requirements?