topic Re: Collection popped up out of nowhere in Rebuilding Your Credit

Collection popped up out of nowhere

cluelessoregonguy — Sun, 30 Nov 2014 02:40:53 GMT

Just had a collection pop up on my reports. So mad right now. It's something I disputed a long time ago and it went away because it was too old and all wrong.

Now it popped up on all my reports as an account that started in October 2014 and went to collections in November 2015. It's a utility bill for a service I haven't used in years. Somehow they sold out to some other company. This shouldn't be here at all and it sure shouldn't be an account that was started in October 2014.

Isn't this illegal? What's my best bet to clear this up quickly? My credit has been blossoming and I've taken on a couple of new accounts. This could set me back on my progress quite a bit if I don't take care of it fast.

Any help is greatly appreciated.

Re: Collection popped up out of nowhere

RobertEG — Sun, 30 Nov 2014 06:55:20 GMT

When a debt collector reports a collection, they are required to report the date of first delinquency on the OC account (called the DOFD) to the CRA within 90 days after reporting the collection.

The CRA is required to monitor that reported DOFD, and to exclude the collection from the consumer's credit report no later than 7 years plus 180 days from the reported DOFD.

First, get the DOFD that they reported, and compare that with your account records. If inaccurate, you can dispute it.

If accurate and more than 7 years plus 180 days has expired from the DOFD, simply contact the CRA to get it excluded.

Re: Collection popped up out of nowhere

DIYcredit — Sun, 30 Nov 2014 07:13:38 GMT

Hi, If you can provide document proof that it is ''reaged'' you might have a case.unfortunately you can't sue them,but the FTC{Federal Trade Commision]First file a complaint with FTC,.also you file a complaint with The Consumer Financial Protection Bureau.If you have the proof of not I would definitely file a dispute yourself.. GOOD LUCK!

DIYcredit

Re: Collection popped up out of nowhere

cluelessoregonguy — Sun, 30 Nov 2014 17:14:53 GMT

Thanks for the responses! This is actually a weird one. I had an account with a phone/internet company years ago for a span of about 7 to 10 years. We moved and switched to cell + cable internet and everything seemed ok. A couple years ago the phone company got bought out by some bigger phone company and low and behold I ended up with a collection for over $200 for the new company.

$237 or whatever would have been like 5 months of service. I disputed awhile back and it went away quite easily. The only thing I could think of is a massive cancellation fee but I was with them for years.

Guess I'm going to be making some phone calls tomorrow lol

Re: Collection popped up out of nowhere

RobertEG — Sun, 30 Nov 2014 18:23:35 GMT

If you previously disputed and the dispute led to deletion of the information, you have a different ball game.

The FCRA has specific requirements for the reinsertion of information that was previously deleted as a result of a dispute.

See FCRA 611(a)(5)(B) for details.

In a nuttshell, anyone requesting reinsertion of the deleted information must provide a pre-certification of its accuracy before the CRA can reinsert.

If the furnisher provided such a pre-certification, permitting the CRA to reinsert, the CRA is required to send the consumer written notice of that reinsertion within 5 business days. If you did not receive that notification from the CRA, then the provisions of section 611(a)(5)(B) were not followed.

If the information disputed was the presence/legitimacy of the debt, that would prevent reporting of collection on the debt until the furnisher provided certification of accuracy of the debt.