Wrongful Reporting?

[Anonymous]

I can't find any information on this... if someone can help me out, I would appreciate it. In 2005 I was given a Notice to Quit for nonpayment of rent. I had not been paying the rent for months, and they hadn't said anything. Anyway, new management came in and realized that I was behind like 5 months and gave me a Notice to Quit for non payment of rent. I figured out a deal with him and paid on it for as long as I could. Eventually, I couldn't make it one time and he took me to court. At that point I was only a month behind and only had two months on my lease left. So we came to an agreement prior to talking to the judge that I would leave, that I would pay two months worth of rent, and my deposit would take care of the third for the three months of the lease left. The judge listened to the agreement and basically was like okay whatever... I wonder if it is even technically an eviction? Probably... I don't have a public record on any of my reports.

Anyway, I ended up not paying them the two months worth of rent. I was barely able to survive at that point. I was living in my step-sisters basement, and letting a bunch of stuff go to collections. This lingering issue from that apartment is really the only issue I have left to deal with from that time. Basically, the place transferred the debt to the National Association of Independent Landlords. Apparently, as I just found out, they have reporting to Equifax as an open installment loan 120 days past due since then. I was really dumbfounded. I figured it would be listed as a collection account? Shouldn't it? So all this time I have been making payments on time besides this "collection" account really didn't matter because according to Equifax, I have one open account past due... this "open installment loan."

This was in Massachusetts. Can anyone give me any guidance on this? I already disputed it. Is that something I could sue them for, like defamation or financial injury or something?

Thanks in advance.

[llecs]

Sometimes CAs report in the Accounts section. I don't think they chose to do that, I think it's more of a reporting error on behalf of EQ. Whether reporting in Collections or Accounts, lenders and FICO rate it the same.

However in your case, the National Association of Independent Landlords isn't a CA. They are an OC who takes care of tenant screening, evictions, and they even choose to report if a negative, so it should be in Accounts anyway.

If I had that reporting, I'd send a PFD if I owed it. If they accept in writing, then pay it and they'll delete.

You can sue for defamation if they shared your reporting, financial situation, etc., with the world. I'll let others opin, but I think the info shared cannot be true. Financial injury? No. However, they can sue you still for the unpaid rent.

[Anonymous]

Well, I don't really want to sue anybody... I just don't get how a balance on a lease can just stay open like that? It is going to fall off soon anyway, I guess.

[RobertEG]

Basically, the place transferred the debt to the National Association of Independent Landlords. Apparently, as I just found out, they have reporting to Equifax as an open installment loan 120 days past due since then. I was really dumbfounded. I figured it would be listed as a collection account? Shouldn't it? So all this time I have been making payments on time besides this "collection" account really didn't matter because according to Equifax, I have one open account past due... this "open installment loan."

Debt collectors have no way of legitimatley reporting a collection  as an OC account,  What they have most likely reported was their collection on an OC account that the OC had reported as 120-days past due,  Debt collectors dont, and cant, report monthly delinquencies, for you dont have a credit account agreement with them. upon which they can assess monthly delinquencies, 

If you dig deeper, you will most likely find that what is appearing in your CR is the status of the last level of delinquency reported by the OC (apparently a 120-day late), and that the debt collector is reporting collection as an open collection account.  Collection "accounts" dont have the same open date as an OC account.  The "open" date for a CA is the date of their assignment of collection authority by the OC.

I think you are confused by the use if the term "accounts." 

[Anonymous]

That's just it, its only on Equifax and it says account type is an open installment? It also says on this website that that I have one account past due.... which is this one. Does having an unpaid account in collections affect your score as much as a an open account that has been past due 120 days each month for 6 years?

[llecs]

As I read it, though, it is an original creditor as opposed to a collection agency. They do tenant screening, leasing, and evictions according to their website. A CA wouldn't do those things.

OP, def check your SOL.

[Anonymous]

If anybody cares, Equifax is deleting this account from my report.

[llecs]

Congrats!