Question about debt reporting.

[Shellie]

The “Silent” Treatment is Illegal

Debt buyers often don't alert consumers that they've reported an old debt to the CRAs. This means that you might not find out about the reappearance of this debt until you apply for a new loan or credit card. You then feel pressure to pay the old debt in order to clear it from your credit report so that you can get the new credit or loan approval.

Because the FCRA requires debt buyers to notify you when they report negative information to a CRA, this practice violates the FCRA.

This is copied and pasted from another site.  Is this accurate? 

[guiness56]

AFAIK, no it is not correct.  I have never seen anywhere in the FCRA that requires a debt collector/buyer to notify you prior to reporting or even after.

Did this article give a paragraph within the FCRA?

[Shellie]

No.  It was just in some aritcle I read online.

[Shellie]

http://www.nolo.com/legal-encyclopedia/debt-buyers-your-credit-report.html

this is a link to the article I copied this from.  Hopefully not breaking a rule by posting a link to another site.

[guiness56]

I just skimmed the FCRA and cannot find any mention of that.

If it were true I honestly don't think people would continuously be finding collections they never knew about.  Not that CAs wouldn't try but they would go broke with all the fines they would be paying.

The gist of that article was about CAs reaging debt which is a violation.

The FDCPA gives them 5 days to send you a dunning notice after first communications.

[Shellie]

I still haven't sent the dunning notice about the new collection I got a call about on the 3rd.  He said it had been mailed out 11/15.  How do you even prove that?  They can just change the date on the letter to say it was mailed on such and such date.

[guiness56]

You don't, unless it was written or recorded.

I would call them back and ask.

Also keep a running note of when things transpired.

[Shellie]

Unfortunately I don't know who to call and ask.  I was in a rush to get to the hospital 2 hours away to get to my brother and sister-in-law bf she went back for the c-section she wasn't supposed to be having for another week.  I didn't catch the name of the CA who was calling me.