collection agency keeps submitting an old disputed account

[Anonymous]

I awoke this morning just to see that a collection agency resubmitted an account that's been in dispute for years. Every year they resubmit it and it dropped my score 5 points! What does this mean? Please help

[RobertEG]

If a dispute under the FCRA, they require resolution within 30'ish days. Thus, information cannot be under formal dispute for years.

When was a prior dispute filed, and how was it resolved?

If a timely DV was filed, they may be under a cease collection bar.  Was there a timely, prior, and unanswered DV?

If there was a prior FCRA dispute that resulted in deletion of their collection due to lack of verification, then reinsertion would be regulated under the FCRA by requiring pre-certification and notice of reinsertion from the CRA.

However, if prior deletion was not necessitated by the outcome of a dispute, then reinsertion can be made without any additional requirments.

[Anonymous]

I've literally disputed it every time it appears on my report. I haven't received anything from the agency. I reached out to comcast and nothing. I'm new to trying to correct my credit and new to the terms and procedures necessary to have negative and correct items removed. I've never actually used my credit and now that I'm trying to purchase my first home I'm finding a lot of incorrect item however this in particular I noticed a few years back and since I have started and back then I have filed a dispute and also had a note attached to my credit report. If they continue to resubmit this account does the seven years start over? I'm so confused. ....

[Anonymous]

Also thanks so much for your response. I really appreciate it

[CreditDunce]

While you are waiting for someone more knowledgeable than me on your question, you can read up on the different methods of disputing an incorrect debt.  Here is a link for a place to get started.  In particular I would read up on how to do debt validations (DV) and direct disputes.  There are example letters to send, etc.

http://ficoforums.myfico.com/t5/General-Credit-Topics/Frequently-Requested-Threads/m-p/10675

and

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/Frequently-Requested-Threads/td-p/224981

PS. The 7 reporting SOL rule does not get reset each time they resubmit an account.  But be sure to read the thread on re-aging for details.

[Anonymous]

Thanks I will go do some research

[Anonymous]

The most obvious question is - What exactly is the dispute reason? If it is not your account, and you never had an account with comcast, then you will be better served by getting this excluded as an ID theft item. This will require you filing an ID Theft affidavit with the police and sending it to the three CRA's. Do this ONLY if it really isn't yours, as it would consitute perjury otherwise.

[RobertEG]

+1

It is unclear as to what your basis is for contesting the debt.  Do you contest any debt, or do you contest only the accurinacy of certain information pertaining to the debt?

As stated, if identity theft/debt not yours is your basis, then the identity theft process of FCRA 605B and 609(e) would be your next step, which requires filing of a police report alleging that you never authorized any account related to the asserted debt.

If you have other basis for asserting an inaccuracy in their reporting, then you must document an error as part of any dispute.

The CRA MUST respond to any dispute, either by dismissing the dispute as lacking documentation of any actual error, or by completing their reinvestigation within 30 days, and issuing a Notice of Results of Reinvestigation within 5 days thereater.

Thus, something is clearly amiss if you filed prior disputes and did not receive either a dismissal or Notice of Results shortly after expiration of the 30-day reinvestigation period.  Can you clarify how and when you disputed, and the basis for each dispute?