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workingmom3
Posts: 58
Registered: ‎06-16-2010
0

should I call the ca that re-aged

A ca re-aged a debt and reported to the cra's.  I am SOOO mad about this, because it was scheduled to drop off my credit reports last November.  But they re-aged it showing that the account was placed with them in April 2011.  Well I have a copy of the letter they sent to be after a dv letter I sent them last year.  It says that the account was closed in 2005.  There is also a letter that says it was placed with them in 2009 (don't believe that one either).  Should I just call them nicely and ask them to correct this information.  Or am I going to cause greater problems?  Help, how should I handle this?


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RobertEG
Posts: 17,732
Registered: ‎03-19-2007
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Re: should I call the ca that re-aged

Updated reporting and illegal re-aging are entirely different things.

The ONLY relevant date that controls exclusion of a collection from your CR is the date of first delinquency (DOFD) on the OC account.

Date opened of a collection, or any other activity reported on the collection, is totally immaterial to the reported DOFD. The collection must cease to be included in your CR after 7 years plus 180 days from that single, date-certain DOFD.  Period.

 

If you have specific evidence that the debt collector has reported an updated DOFD that is improper,then you have illegal reaging of the reported DOFD.

 

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pizzadude
Posts: 9,674
Registered: ‎01-28-2010
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Re: should I call the ca that re-aged

 

If the account was closed in 2005, then you are probably closing in on the 7 or 7.5 year period where it will no longer show on your reports.

 

As Robert mentioned, this is based soley on the date of first deliquency ( DOFD ) ~ not the date which it was placed for collection...

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workingmom3
Posts: 58
Registered: ‎06-16-2010
0

Re: should I call the ca that re-aged

Well the dofd was in early 2005.  The cra does not show the dofd, unfortunately.  But it does say "Estimated month/year this will be removed is in 03/2018.  So I know they reported it incorrectly because as mentioned it was on my credit report last year and it said it was estimated to be removed in 11/11.  So they changed the dofd, right?  Any opinions of how to handle this?


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pizzadude
Posts: 9,674
Registered: ‎01-28-2010
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Re: should I call the ca that re-aged

 

IMO you could file suit against the CA for this re~aging.    You should be able to also contact the CRA, if you provide the old report then they should remove it....

March2010 FICO® ~ 695 TU, 653 EQ, 697 EX
Established Contributor
teenastie
Posts: 638
Registered: ‎07-28-2011
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Re: should I call the ca that re-aged


workingmom3 wrote:

Well the dofd was in early 2005.  The cra does not show the dofd, unfortunately.  But it does say "Estimated month/year this will be removed is in 03/2018.  So I know they reported it incorrectly because as mentioned it was on my credit report last year and it said it was estimated to be removed in 11/11.  So they changed the dofd, right?  Any opinions of how to handle this?


 

 Which CRA are the reaged acct being reported?

 

EX, TU will show the date the account will fall off the CR

EQ shows the DoFD



Valued Contributor
p-
Posts: 2,633
Registered: ‎06-05-2008
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Re: should I call the ca that re-aged


workingmom3 wrote:

Well the dofd was in early 2005.  The cra does not show the dofd, unfortunately.  But it does say "Estimated month/year this will be removed is in 03/2018.  So I know they reported it incorrectly because as mentioned it was on my credit report last year and it said it was estimated to be removed in 11/11.  So they changed the dofd, right?  Any opinions of how to handle this?


Believe it or not, in this situation I would pick up the phone.  Call the CRA, follow the phone tree to the dispute department, and before actually starting a dispute ask them to confirm what they have listed for the DOFD.  If the DOFD is 2005 it will drop soon.  If the DOFD has changed, do a dispute for wrong DOFD, please remove.  If the CA verifies it and you have proof that it is older, file suit against them.  I wouldn't contact the CA at all.

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RobertEG
Posts: 17,732
Registered: ‎03-19-2007
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Re: should I call the ca that re-aged

If you are thinking about pursuing an issue of illegal re-aging, I would tread softly and get the facts.  It is a serious allegation.

 

You dont have to stumble around with an "estimated" date in your CR or oral statements by the debt collector.  Those arent facts.

You can simply send the CRA a written request under the provisions of FCRA 609(a)(1) and (2), which entitle you to any information reported to your credit file, in addition to the name of the party who reported it. 

 

A debt collector is required to have reported the DOFD to the CRA within 90 days of their reporting of the collection.  FCRA 623(a)(5).  Thus, their reporting of DOFD must be of record in your credit file.  It is definitive factual evidence of what they reported, which in my opinion should be your only basis for challenging any assertion of illegally updating the DOFD. 

 

I would FIRST get the reported DOFD from the CRA by request under FCRA 609(a)(1), and additionally get the name and address of the reporting party under FCRA 609(a)(2).  Requests under section 609(a) require payment of a processing fee of $11.00 to the CRA.  I would not begin making any allegations until I first had in hand their factual reporting.


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