Please tell me this did not happen!!!!!!!!!!!

[kisbel65]

I had a badie come off in sept 2009. It was for a voluntary car repo in 2002. Now it is back on my TU under a new name. Can they do this???? This account is over seven years old and now they sold it to another collection company and it like it started all over again. The status date is Feb 2010. How do I get this off my report????

[Jazzzy]

The account can't start all over again.

Pull a credit report directly from TU. That should give you the date of first delinquency (DOFD). That date should be the same as it was with the last collection agency. (You don't get that date on a report from a 3rd party vendor, such as myFICO or freecreditreport, etc. If you haven't used your free bureau reports from annualcreditreport.com for TU, you can get one there.)

Collection accounts fall off your reports at 7 1/2 years from the DOFD.

Do this. Come back and let us know if the DOFD is the same as it was.

Message Edited by LynetteM on 03-03-2010 07:19 AM

[kisbel65]

I called TU and they said they did not have any records of the original collection (that is false). I gave them the orginal lender information and the DOFD. As I stated before, the original collection was removed nov 2009. They also stated that the new collection company was not listed as a collection company. I informed them that they did identify themselves as collection company. They told me that they would dispute it but "if the company does not want to remove it, there is nothing they can do." They also told me to call the FTC and file a complaint. Basically, TU has stated that although it is illegal for a company to reinstate an account after seven years, there is nothing they can do. I contacted the collection company (the new one) and told them that I would be filing a complaint with the FTC. They stated they would be willing to settle for a much lower amount in return for the status of paid in full on my report. I started fixing my credit on 7/08 and waited a year for this account to come off my report (never paid it), do I bother to settle it??? or dispute it for months or years???

[Anonymous]

First, do you have a copy of your old credit reort from TU when the TL was on there?  Second dispute with TU, if they come back with verification, sue the CA for reaging, and TU for wilful non-complience, they are required to do more that just verify your name dob and ssn on a CDV, especially when you notified them that the CA submitting the account to them is inaccurate and in violation of FCRA SOL for reporting.  Don't settle anything, the account is past the SOL for legal recourse. 

[llecs]

Never ever call a CA.

When was DOFD? In other words, when did you first go late and not recover?

[Pushto700]

Ooooh....had a similar thing happen to me (which started my foray ino credit knowledge and repair in 4/2009, hence me being introduced to myfico.com). I sent the company that reaged the account Certified Mail Return Receipt showing the blatent attempt to have the item stick on my report for another 7 consecutive years (therefore lowering my scores & appearing as "new" delinquency).

I eventually reported to my State Attorney General's office throught their consumer complaint division, and the compan buckld hard and deleted it very quickly. Had I known then (as I am a bit more seasoned now) what I know now, I would have taken my ld credit report and the new one (showing the re-aging...which is EXTREMELY illegal) and sued the crap out of them.

If you have your old credit report showing the old account and how I was reported (or even the original sales contract...or something that indicates the original purchase) and the new report and how it shows a new date.....you can get some cash for your trouble out of the deal. Some of these collectors just seem not to care about the rules that they skirt the law in an effort to make a few dollars or to try to scare people into ponying up money when the SOL (Statute of limitations) for many debts has run out.

Check the Statute of limitations for yor states for "written contracts". That is what an auto loan falls under. This governs the time they can enforce (the Original Creditor) the debt legally by tryig to sue. Mine was 4 years (California).....so they tried to re-age the debt another 7 years after it was already 3 years past my states SOL.

Look to see if you have any paperwork indicating what the repo ws reporting before. Credit reports, contracts ect.....

[Pushto700]

And for a debt...the DOFD (Date of First delinquency) applies to the LIFE of the accont. No matter how may differnt agencies own it. It cannot be reset in any way shape or form (no matter how many differnet companies own it). And also, NEVER, NEVER, NEVER (did I say NEVER?, lol) speak to a collector over the phone (or admit the debt...always refer to it as "alleged debt", as any type of acknowledgement of debt in some states RESETS SOL). Best thing to do is to communicate via CMRR to develop a paper trail.

There is alot of misinformation out there purporting people to believe that once company B owns the debt from company A that eventhough the 7 years has run for company A, company B can run it on your report for another 7 years.....that is completely false. 7 years...for he account (in anyway) to show on he reports...and that's it. It cannot reappear in any way shape or form. Doesn't mean collectors many or may not call you to try to talk you up into ponying up the debt, that's when you can inform hem of your right to elect that they "cease and desist" contacting you (via CMRR) regarding alleged debt should you not desire them o contact you.....but then again, check your states SOL for wriiten debt. That is key.

[llecs]

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Pushto700 wrote:

....but then again, check your states SOL for wriiten debt. That is key.

---

That's where I was hinting at...it sounds like they illegally reaged it per CRTP anyway, and maybe for SOL, but if the correct SOL hasn't expired, the OP shouldn't touch it. Any calls, letters, disputes, etc. can get him/her sued.

[Pushto700]

That's why I said to check the SOL as a last senetence. Usually we remeber the last thing we see. I the SOL has expired, and they can verify/proove that...then have that ammo in hand and attck the situation. That's the entire point. If not, then of course lay low. But check the SOL first.

[Pushto700]

And the whole idea is to ensure that it can be PROVEN that it expired (old Credt Reports, Auto Contract, etc), because if there is anything to show the debt as out of SOL, and they changed the CRTP then by all means do not sit back.

If you don't have anything to prove that....then I would sit back. Papertrail is your best defense here.

What state are you in BTW?