Reaging

[Anonymous]

Hi I am brand new to this forum and have tons of questions!!! First off how do I prove a CA is reaging a debt without admitting to the debt???

[pizzadude]

Collections will show on your report for 7.5 years from the Date of first deliquency ( DOFD ) of the original account.     If the CA changes the DOFD that would be considered re~aging a debt, which is prohibited by the Fair Credit Reporting Act ( FCRA ).

[Anonymous]

Hi thank you for your quick response.  I have a collection from Credit Watch Services showing from 2/2012 which I know is completely inaccurate.  They never sent any kind of letter, nor have they called me.  I had to find this out by pulling my CR's.  I want to dv them and let them know that they are reaging the debt, but I don't want to admit to the debt.  This is one of the major delinq on my CR that I want to take care of immediately but don't want to piss them off b/c its only been three years since the first delinq. and its still within the SOL.  Really need some advice on this one. Please and Thank you.

[MarineVietVet]

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@Anonymous wrote:

Hi thank you for your quick response.  I have a collection from Credit Watch Services showing from 2/2012 which I know is completely inaccurate.  They never sent any kind of letter, nor have they called me.  I had to find this out by pulling my CR's.  I want to dv them and let them know that they are reaging the debt, but I don't want to admit to the debt.  This is one of the major delinq on my CR that I want to take care of immediately but don't want to piss them off b/c its only been three years since the first delinq. and its still within the SOL.  Really need some advice on this one. Please and Thank you.

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Hi there.

What does it say about this date of 2/2012? Does it say Date Opened or something like that?

Also on your reports (depending on where you got them) does it have the DoFD (Date of First Delinquency) listed anywhere. As pizzadude said this is the only date that is important.

[Anonymous]

Date of status 2/2012 EX, Balance as of 2/2012 EQ, Date updated 2/2012 TU.  However it is reporting that the first delinq was 5/2010 and I know that it wasn't, it was sometime in 10/09 but they're reporting it later than that date and with an outrageous amount that is way off.  This one and LVNV are the two biggies on my report that I want off asap b/c they are really killing my score and making it virtually impossible to get approved for anything right now. Just need advise on how I should tackle this. Thank you.

[MarineVietVet]

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@Anonymous wrote:

Date of status 2/2012 EX, Balance as of 2/2012 EQ, Date updated 2/2012 TU.  However it is reporting that the first delinq was 5/2010 and I know that it wasn't, it was sometime in 10/09 but they're reporting it later than that date and with an outrageous amount that is way off.  This one and LVNV are the two biggies on my report that I want off asap b/c they are really killing my score and making it virtually impossible to get approved for anything right now. Just need advise on how I should tackle this. Thank you.

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None of those dates are applicable. You don't say where you got your reports but reports from third party sites (including myFICO) often don't have the most complete information. If you pull your free reports from annualcreditreport.com Experian and Transunion will have the drop off dates. The Equifax report will show the actual DoFD.

I would pull my full EQ report at the very least if you haven'y already and see what the DoFD is.

Also have you received a dunning letter from the CA or did you just recently notice them on your reports? They are required by law to send that dunning letter within 5 days of placing anything on your reports.

You can still send them a DV letter. This letter will not admit liability for this debt.

[Anonymous]

I ordered all three reports from the CB's directly so I could have hard copies.  I see the DOFD on EQ but it is inaccurate. The balance is way off as well.  I never received a dunning notice from this CA, just pulled my report late March 2012 and noticed that creditwatch services had a derogatory entry as of 2/2012. I have tried to research the CA online but I am not finding that much info about the company at all.  I want to dv them but I dont want them trying to sue me b/c its only been 3yrs, and I don't have the $2k inflated balance that they are reporting that I owe them.  I need this rectified asap b/c its stopping me from be able to rent an apt b/c its showing up as new recent debt.  Please help!

[Anonymous]

Another question, if I never received a dunning notice from the CA is that a violation?  I first became of aware of this company when I pulled my credit report but never had any contact with them prior to that.  No calls, no letters, nothing!  I want to send this letter very soon but want to make sure I am understanding everything correctly before I do so; so I don't screw myself. Thanks.

[MarineVietVet]

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@Anonymous wrote:

I ordered all three reports from the CB's directly so I could have hard copies.  I see the DOFD on EQ but it is inaccurate. The balance is way off as well. I have found the DoFD in my experience to be very accurate but it's certainly not infallible. Have you contacted the OC (Original Creditor) about this to see what the actual DoFD was? You say the DoFD is wrong? How inaccurate is it?

I never received a dunning notice from this CA, just pulled my report late March 2012 and noticed that creditwatch services had a derogatory entry as of 2/2012. I have tried to research the CA online but I am not finding that much info about the company at all.  I want to dv them but I dont want them trying to sue me b/c its only been 3yrs, and I don't have the $2k inflated balance that they are reporting that I owe them.  I need this rectified asap b/c its stopping me from be able to rent an apt b/c its showing up as new recent debt.  Please help! It's very unlikely they will sue after getting a DV so I would send one.

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[MarineVietVet]

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@Anonymous wrote:

Another question, if I never received a dunning notice from the CA is that a violation?  I first became of aware of this company when I pulled my credit report but never had any contact with them prior to that.  No calls, no letters, nothing!  I want to send this letter very soon but want to make sure I am understanding everything correctly before I do so; so I don't screw myself. Thanks.

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Yes it is. A clear violation of FDCPA 809(a):

809. Validation of debts

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice contain­ing—

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt col­lector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt col­lector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.