Regular Contributor
getmycreditright
Posts: 199
Registered: ‎05-23-2007
Fuming right now!

Just pulled my CR and a recent collection was placed on my file. This was a collection from 2004 and had already fell off of my report. Now, they are reporting under a different CA and are now trying to collect again on it! I HATE THIS KIND OF STUFF! This was on my TU report. It fell off of my EQ as well and now I'm afraid they'll start reporting it again on there. I am so frustrated right now because I have made a lot of progress over the last 3 years and now this comes up. What can I do? Any help is much appreciated. :smileysad:

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Starting Score - 575 (4/10)
Current Score - EQ - 750, TU - 752, EX - 728 11/4/12

Current Cards:
AMEX SPG ($7.5k), Amazon.com Visa ($3k), Discover More ($2k) all since 11/4/12

Fighting the good fight!
Moderator
pizzadude
Posts: 6,323
Registered: ‎01-28-2010
Re: Fuming right now!

getmycreditright wrote:

Just pulled my CR and a recent collection was placed on my file. This was a collection from 2004 and had already fell off of my report. Now, they are reporting under a different CA and are now trying to collect again on it! I HATE THIS KIND OF STUFF! This was on my TU report. It fell off of my EQ as well and now I'm afraid they'll start reporting it again on there. I am so frustrated right now because I have made a lot of progress over the last 3 years and now this comes up. What can I do? Any help is much appreciated. :smileysad:


What was the DOFD for this account ?  That determines when it would fall off your reports, which is 7.5 years from DOFD for collection accounts.  

 

What correspondance have you received from the new CA that is reporting now ?   Have you sent them a DV letter yet ?

March2010 FICO® ~ 695 TU, 653 EQ, 697 EX
Mega Contributor
RobertEG
Posts: 14,723
Registered: ‎03-19-2007
Re: Fuming right now!
[ Edited ]

It looks like it might be an issue of improper reporting of the DOFD on the OC account to the CRA.

 

Debt collectors are required under FCRA 623(a)(5) to report a DOFD to the CRA within 90 days of reporting their collection. FCRA 623(a)(5) details what may or may not be reported as a legitimate DOFD.

The CRA uses that date to determine CR inclusion or exclusion.  If the CRA is now including their collection in your CR, that is more than an inference that the debt collector provided a DOFD that was less than 7 years plus 180 days ago.  That, if proven, is a serious violation of the FCRA, subjecting them to civil action.

 

I would recommend first getting solid evidence of what they actually reported to the CRA.  Simply send the CRA a request under FCRA 609(a)(1) and (2)  for the FCRA Compliance Date/Date of First Delinquency reported to them by the debt collector as well as the name fo the reporting party and date the information was reported.

You will then have in your hands actual evidence of improper reporting of the DOFD to the CRA.

Note that information requests under section 609(a) require payment of a processing fee to the CRA, currently $11.00.