Collection Account Reporting

[Anonymous]

I had an old T-Mobile account DOFD was in 2007. It was charged off by T-Mobile and then aged off my cr. The debt was purchased by a collection agency and that also aged off my cr. Now a new collection agency is reporting the debt as Collection opened Jun 1, 2019 and is reporting monthly as Failed to Pay. Is this correct? I thought the Statute of limitations is based on the original 2007 DOFD. And should it be reporting monthly as Failed to Pay? Experian told me they report based on the latest open date on the account and that this will stay on my cr until 2022. 2022 is only 3 years. Is this all correct? I'm in IL. And is there any way to get this removed from my report? 

[Dalmus]

It looks like they changed the balance from $618 to $617, and are using that as the "in" to get you to pay.

On the surface, this appears to be an illegal resetting of the SOL clock.

The FCRA is pretty clear on the fact that a debt with a DOFD older than 7 years + 180 days cannot be listed on your credit report regardless of whether it as sold to a CA or not.

Here is some information on how to deal with re-aged debt being reported on your CR. 

In short, you need to make a formal request for information from EX for a copy of your consumer disclosure file.  This is NOT the same as your credit report.   This will have the DOFD listed.  If the DOFD is accurate (2007) then file a dispute citing that information and the relavent part of the FCRA.  If the DOFD has been altered, then you need to (after filing a dispute with proof that it was altered), take some more steps.   See the link above.

[Anonymous]

Thank you very much. According to that link, I should request my consumer disclosure file. The original debt aged of my report a few years back. Would that information still be in the file?

[Dalmus]

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@Anonymous wrote:

Thank you very much. According to that link, I should request my consumer disclosure file. The original debt aged of my report a few years back. Would that information still be in the file?

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 Unfortunately, I have no idea.   From the description, I can infer that the CRA's have more data on you than they put in the credit report, so I can give you a solid Possibly as an answer.    

 However, if TMobile's tradeline has aged off of your account as has the other collection tradeline, that certainly seems like supporting evidence that the DOFD is beyond 7y+180d.

 A validation demand latter of the new collection ageny should also produce evidence for you.

[Remedios]

Yes, you will need to dispute it. 

Start with direct dispute. Send CA copies of annual credit report, let them know you know what they are doing, and let them know dispute with CRA, followed by CFPB is next. 

Normally you want to play nice, but not in this situation. 

If they dont, go to the next step which is dispute with CRAs. Do it via certified mail, also send copies of your report showing same lender, similar amount and explain it's a same account

If it's not removed, CFPB complaint against CA for illegal practices. Again, all you need are copies of your reports.  Make sure you mention you did try to resolve this with CA directly, but they continued reporting, so it has to be wilful disregard for the laws and regulations on their end, not an error. 

Also, complaint against each CRA that does not remove for failing to do reasonable investigation. 

There is a fine for that, so you may even get some money for your efforts if you chose to go a step further 

https://www.ftc.gov/tips-advice/business-center/guidance/consumer-reports-what-information-furnisher...