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Equfiax nightmare-reaged a 10 year collection?

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Anonymous
Not applicable

Equfiax nightmare-reaged a 10 year collection?

Just want to know if I'm taking the correct steps in this fight! I have an old, as in 10 years old, collection account that had dropped from Experian and TransUnion but not Equifax. I didn't know this until recently and I'm trying to get it dropped from that report as well. The CA that is listed on my report told me over the phone that they hadn't serviced that account since January 2015 and couldn't do anything about it being reported. I believe them because the last update on my report was June 2014, no history since then. The new company passed me to another company that it's been with since January 2017 and I am waiting on a letter showing a transfer from the previous company etc. I disputed the account with Equifax and all they did was verify with the account listed on the report. The dispute finding came back as verified as mine but then payment history was added from June 2014 through August 2017 with a balance update of just a few days ago. I'm pissed. How could the company verify the account if it's no longer an active account with them and the original delinquency date was back in 2006? The second company told me they couldn't verify anything about the account because it wasn't active. Did Equifax muck this up or the first company? I've re-disputed the account just stating that the original delinquency date is past the 7 years but what do I do next if all they do is re-verify with the first company?

Message 1 of 11
10 REPLIES 10
Anonymous
Not applicable

Re: Equfiax nightmare-reaged a 10 year collection?

Are you 100% certain of the DOFD of that debt and that you never became current after that?

 

If so...

 

Write a letter to the CRAs (USPS), not a dispute, request the DOFD of the original debt based on FCRA Section 609(a)(1).  Also in the same letter request who supplied the DOFD.

 

Once you get that back, compare it to the collection DOFD.

 

If it's been re-aged, send a WRITTEN dispute to the CRAs notifying them of the re-aging.  CC the FTC and CPFB and let them both know the collection agency re-aged a debt in violation of FDCPA and FCRA.  If you want to collect some money, hire an FDCPA lawyer (the lawyer will collect much more than you will but you may get something).

 

You really need to be certain that the DOFD was re-aged improperly, tho.

Message 2 of 11
Anonymous
Not applicable

Re: Equfiax nightmare-reaged a 10 year collection?

I just got off the phone with the first CA and they can't even pull the account up. So how could Equifax been able to verify it with them then add 3 years of payment history? Is this a common thing with Equifax and disputes?

Message 3 of 11
Anonymous
Not applicable

Re: Equfiax nightmare-reaged a 10 year collection?

Don't call, write.  In the mail.  There are no mail fraud laws about lying over the phone.  Put it in writing, to the CRA.  Demand your rights be fulfilled and have them respond with the specific data you request, in writing, based on the law, that they must furnish you.  When they write back who reported it, go after them hardcore to delete a re-aged tradeline.

 

This one is a no brainer to me, I'd be getting a lawyer and collecting some money from the CA and the CRAs, but a dispute done properly, in writing, not over the phone or online, should make it go away quickly.

Message 4 of 11
Anonymous
Not applicable

Re: Equfiax nightmare-reaged a 10 year collection?

Thank you ABCD, I just didn't know what steps to take. Haven't had to deal with this headache before!

Message 5 of 11
Anonymous
Not applicable

Re: Equfiax nightmare-reaged a 10 year collection?

Yeah, it sucks.  And worse, even if it's old and not on your report, you can still get phone calls from collectors.  

 

Until 2015, I had a collector calling family and ex-roommates for a debt I had when I was married -- in 2001.  

 

They just wouldn't go away so I hired a marketing call center in East Asia to call them on my behalf and after a few hundred phone calls (best $99 I ever spent) they stopped calling people and me.  14 year old debt, way out of SOL, time-barred for collection, etc.  They swear it was dated 2011, but of course they were lying -- I just happened to have a zip code at the time that was common with old retired people so they probably figured I'd be an easy person to rip off.

Message 6 of 11
Anonymous
Not applicable

Re: Equfiax nightmare-reaged a 10 year collection?

That's the thing, I haven't had any contact since 2013 about this account. It's passed through 4 companies since then and not one has reported it on my credit (they can't sue because it's past the SOL and the DOFD was more than 7 years ago). It just got frozen in time on my Equifax report.

Message 7 of 11
Anonymous
Not applicable

Re: Equfiax nightmare-reaged a 10 year collection?

Send a written form.
Message 8 of 11
RobertEG
Legendary Contributor

Re: Equfiax nightmare-reaged a 10 year collection?

Any dispute is limited only to the specific item of reported information that is asserted to be inaccurate.

The statement that you "disputed" does not identify what item of information was the subject of your dispute, so it is not possible to comment on whethr the verification of its accuracy by the CRA was proper.

 

As discussed in prior posts, the collection should apparently be excluded based on expiration of more than 7 years plus 180 days from the DOFD on the OC account.

The debt collector was required to have obtained the DOFD and reported it to the CRA no later than 90 days after they reported their collection, and thus it MUST be of record in your credit file   FCRA 623(a)(5).   You can obtain the reported DOFD either from a complete credit report, such as via annualcreditreport.com, or directly from the CRA.

 

If the reported DOFD is more than 7 years plus 180 days ago, then the fault in lack of exclusion rests solely with the CRA, and not with the debt collector.

However, if the reported DOFD is less than 7 years plus 180 days ago, permitting it to still be included in your credit report, then the fault resides with the debt collector for their repporting of an inaccurate DOFD.  You should, in that case, file a dispute of the accuracy of the reported DOFD, providing whatever information you have to show that the DOFD was prior to the reported date.

Message 9 of 11
CrankyDave
Regular Contributor

Re: Equfiax nightmare-reaged a 10 year collection?


@Anonymous wrote:

Yeah, it sucks.  And worse, even if it's old and not on your report, you can still get phone calls from collectors.  

 

Until 2015, I had a collector calling family and ex-roommates for a debt I had when I was married -- in 2001.  

 

They just wouldn't go away so I hired a marketing call center in East Asia to call them on my behalf and after a few hundred phone calls (best $99 I ever spent) they stopped calling people and me.  14 year old debt, way out of SOL, time-barred for collection, etc.  They swear it was dated 2011, but of course they were lying -- I just happened to have a zip code at the time that was common with old retired people so they probably figured I'd be an easy person to rip off.


 

Holy crap, that's ingenius! I had no idea you could even do that.

Message 10 of 11
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