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I'm on the cusp of crying -
I had worked very hard to rebuild my credit. Everything was great. Last year my last charge off - fell of my credit report. It was 583 from att. I got a random call last month from a collector about this debt. I told them it was old and it wasn't good. I was informed that it would be added back on my credit. I thought it was an empty scare tactic.
today I got an email that it was back on and my score dropped 83 points. This charge off - went away last year. It's around 8 years old at the moment. Now it's back with a deletion date two years from now. What happened? Is there anything I can do?
My gut reaction would be to send a debt validation letter and to dispute with the credit bureaus. Maybe someone else can chime in with a better plan?
I'm sorry this happened, sucks.
They can't report the account if it's more than 7.5 years past the original DOFD (Date of First Delinquency).
You say the account itself is 8 years old -- but what was the DOFD (the month/year the account first went delinquent and was never brought current)? If it has been 7.5 years or more from that date, they cannot report and you can dispute with the bureaus.
Why did the account fall off last year? Was it removed because it reached it's 7 year exclusion period based on the DOFD? Or did it drop off early / unexpectedly for some unknown reason?
If the account is still within the 7.5 years after the DOFD, they can report for the time remaining.
Do you have old records you may reference to determine the DOFD?
@Anonymous wrote:I'm on the cusp of crying -
I had worked very hard to rebuild my credit. Everything was great. Last year my last charge off - fell of my credit report. It was 583 from att. I got a random call last month from a collector about this debt. I told them it was old and it wasn't good. I was informed that it would be added back on my credit. I thought it was an empty scare tactic.
today I got an email that it was back on and my score dropped 83 points. This charge off - went away last year. It's around 8 years old at the moment. Now it's back with a deletion date two years from now. What happened? Is there anything I can do?
My gut reaction is that you immediately and without further warning file a FDCPA and FCRA suit against the CA claiming $2,000 Statutory Damages for the re-aging of the account (FDCPA violation) and the misrepresenting of the age of the account (FCRA violation). Let's see how much they offer you to settle. Removal of the TL and a letter of apology would be at the top of my demands, along with at least $1,000 for the insult.
These events have a tendency to serioulsy affect our rebuild strategy and our morale. I can tell you that, "the heroes of all time, have gone before us.." (Joseph Campbell) You will find them on these boards and you will recover.
I agree with everyone else here; send a debt val. letter and dispute. I would also contact the Consumer Financial Protection Bureau CFPB. With the CFPB, you will force them to reply and justify that they have a legal right - which it doesn't appear that they do - to attempt to collect the debt.
I have used CFPB as a last resort, and once got a $2500 collection removed as a result of my complaint. There are no guarantees, but a lot of companies face stiff fines from the CFPB for violations; many prefer to settle and move on. This may or may not be your case. Some of these companies are unfamiliar with FCRA etc. so they are completely wreckless.
Gather all of your records, plan your strategy so that you can show CFPB that you attempted to resolve the matter without their intervention. So, debt valid., dispute and give a little time.
We have to be vigilant during our rebuild strategy, because setbacks are a natural part of the process. They can delay, but don't let them derail your strategy. Go!
Best of luck to you and keep us updated..
@Anonymous wrote:I'm on the cusp of crying -
I had worked very hard to rebuild my credit. Everything was great. Last year my last charge off - fell of my credit report. It was 583 from att. I got a random call last month from a collector about this debt. I told them it was old and it wasn't good. I was informed that it would be added back on my credit. I thought it was an empty scare tactic.
today I got an email that it was back on and my score dropped 83 points. This charge off - went away last year. It's around 8 years old at the moment. Now it's back with a deletion date two years from now. What happened? Is there anything I can do?
@Anonymous wrote:I'm on the cusp of crying -
I had worked very hard to rebuild my credit. Everything was great. Last year my last charge off - fell of my credit report. It was 583 from att. I got a random call last month from a collector about this debt. I told them it was old and it wasn't good. I was informed that it would be added back on my credit. I thought it was an empty scare tactic.
today I got an email that it was back on and my score dropped 83 points. This charge off - went away last year. It's around 8 years old at the moment. Now it's back with a deletion date two years from now. What happened? Is there anything I can do?
Just throwing this out there....but was the collection agency called AFNI? If so, I too just received in the mail from them an attempt to collect a debt from AT&T U-Verse from an old account ($165) that I had previously disputed and had removed from my credit report.
Now they are attempting to collect the debt again and I have to respond within 30 days of the they are going to validate the debt. I'm sending them a debt validation letter on Monday.
@Anonymous wrote:
@Anonymous wrote:I'm on the cusp of crying -
I had worked very hard to rebuild my credit. Everything was great. Last year my last charge off - fell of my credit report. It was 583 from att. I got a random call last month from a collector about this debt. I told them it was old and it wasn't good. I was informed that it would be added back on my credit. I thought it was an empty scare tactic.
today I got an email that it was back on and my score dropped 83 points. This charge off - went away last year. It's around 8 years old at the moment. Now it's back with a deletion date two years from now. What happened? Is there anything I can do?
Just throwing this out there....but was the collection agency called AFNI? If so, I too just received in the mail from them an attempt to collect a debt from AT&T U-Verse from an old account ($165) that I had previously disputed and had removed from my credit report.
Now they are attempting to collect the debt again and I have to respond within 30 days of the they are going to validate the debt. I'm sending them a debt validation letter on Monday.
How old is the account? If it is beyond your State's Staute of Limitations for Suit and beyond the Federal FCRA SOL for credit reporting, if I were you I would send them a letter telling them to go pound sand. The SOL doesn't prohibit asking for money, it just ptovides a defense for not giving it to them.
@Anonymous wrote:
@Anonymous wrote:
@Anonymous wrote:I'm on the cusp of crying -
I had worked very hard to rebuild my credit. Everything was great. Last year my last charge off - fell of my credit report. It was 583 from att. I got a random call last month from a collector about this debt. I told them it was old and it wasn't good. I was informed that it would be added back on my credit. I thought it was an empty scare tactic.
today I got an email that it was back on and my score dropped 83 points. This charge off - went away last year. It's around 8 years old at the moment. Now it's back with a deletion date two years from now. What happened? Is there anything I can do?
Just throwing this out there....but was the collection agency called AFNI? If so, I too just received in the mail from them an attempt to collect a debt from AT&T U-Verse from an old account ($165) that I had previously disputed and had removed from my credit report.
Now they are attempting to collect the debt again and I have to respond within 30 days of the they are going to validate the debt. I'm sending them a debt validation letter on Monday.
How old is the account? If it is beyond your State's Staute of Limitations for Suit and beyond the Federal FCRA SOL for credit reporting, if I were you I would send them a letter telling them to go pound sand. The SOL doesn't prohibit asking for money, it just ptovides a defense for not giving it to them.
I don't remember exactly how old the account is but I would say around 2014-2015. I live in Florida and I believe the SOL is 5 years. If they validate the debt after I send the DV letter and it gets reported to the CRA's again then I'm going to dispute it....again.
@Anonymous wrote:
@Anonymous wrote:
@Anonymous wrote:
@Anonymous wrote:I'm on the cusp of crying -
I had worked very hard to rebuild my credit. Everything was great. Last year my last charge off - fell of my credit report. It was 583 from att. I got a random call last month from a collector about this debt. I told them it was old and it wasn't good. I was informed that it would be added back on my credit. I thought it was an empty scare tactic.
today I got an email that it was back on and my score dropped 83 points. This charge off - went away last year. It's around 8 years old at the moment. Now it's back with a deletion date two years from now. What happened? Is there anything I can do?
Just throwing this out there....but was the collection agency called AFNI? If so, I too just received in the mail from them an attempt to collect a debt from AT&T U-Verse from an old account ($165) that I had previously disputed and had removed from my credit report.
Now they are attempting to collect the debt again and I have to respond within 30 days of the they are going to validate the debt. I'm sending them a debt validation letter on Monday.
How old is the account? If it is beyond your State's Staute of Limitations for Suit and beyond the Federal FCRA SOL for credit reporting, if I were you I would send them a letter telling them to go pound sand. The SOL doesn't prohibit asking for money, it just ptovides a defense for not giving it to them.
I don't remember exactly how old the account is but I would say around 2014-2015. I live in Florida and I believe the SOL is 5 years. If they validate the debt after I send the DV letter and it gets reported to the CRA's again then I'm going to dispute it....again.
You have already disputed it and they confirmed the TL is correct to the CRA? And they didn't indicate that the debt is disputed? Dispute it with the CA first, give them a month to digest that they dispute it with the CRA again. If it still comes back confirmed as accurate, you sue the CA for $2,000 - $1,000 for the FCRA violation of not reporting the debt as disputed when they know it is disputed and $1,000 for misrepresenting the character of the debt - that it is not disputed - a FDCPA violation.
BTW, you are correct, the FL SOL is 5 years, per §95.11(2)(b) of the Florida Revised Statutes.
@Anonymous wrote:
@Anonymous wrote:Just throwing this out there....but was the collection agency called AFNI? If so, I too just received in the mail from them an attempt to collect a debt from AT&T U-Verse from an old account ($165) that I had previously disputed and had removed from my credit report.
Now they are attempting to collect the debt again and I have to respond within 30 days of the they are going to validate the debt. I'm sending them a debt validation letter on Monday.
How old is the account? If it is beyond your State's Staute of Limitations for Suit and beyond the Federal FCRA SOL for credit reporting, if I were you I would send them a letter telling them to go pound sand. The SOL doesn't prohibit asking for money, it just ptovides a defense for not giving it to them.
I don't remember exactly how old the account is but I would say around 2014-2015. I live in Florida and I believe the SOL is 5 years. If they validate the debt after I send the DV letter and it gets reported to the CRA's again then I'm going to dispute it....again.
You have already disputed it and they confirmed the TL is correct to the CRA? And they didn't indicate that the debt is disputed? Dispute it with the CA first, give them a month to digest that they dispute it with the CRA again. If it still comes back confirmed as accurate, you sue the CA for $2,000 - $1,000 for the FCRA violation of not reporting the debt as disputed when they know it is disputed and $1,000 for misrepresenting the character of the debt - that it is not disputed - a FDCPA violation.
BTW, you are correct, the FL SOL is 5 years, per §95.11(2)(b) of the Florida Revised Statutes.
Correct. The original collection agency was ERC and I had disputed it and it was removed from my credit report June 2018. Now a little less than 2 years later, I've received a collection to attempt debt from the same account, but now the collection agency is AFNI. Since this TL was already disputed and removed from my credit report in 2018, I am going to mail them a DV letter and if it comes back as validated, I'm disputing again. As of this moment, I haven't received any alerts of a new collection account on myFICO.