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    Original creditor/collection agency....

    The illegal re-aging of debts by collection agencies has long been a big problem for consumers.
    Once an account is sold to a CA by the original creditor, the CA can put any date on it, and not necessarily the date of the original delinquency. Right???
    Would the original creditor have to verify, in writing, the date of the original delinquency - if you asked them to?
    Assume you actually get a verification from the original creditor that you became delinquent with them on a specific date, and you send the CRAs a copy of that letter with your dispute. Will the CRA have to change the date to reflect a date different from the information that the scumbag collection agency is reporting.
    Or will your credit history always be hounded by what some scumbag collection agency reports?

    SEND ALL COLLECTORS TO GITMO

    #2
    The CA can not legally put any date on your credit report. But a lot of them do. A lot of them will buy the debt, and put the date that they buy the debt. This is not correct. If a collection agency re-ages the debt, then dispute it with the CRAs. If/When it comes back as verified then you have a slam-dunk $1000 FCRA lawsuit against the CA. Keep all the documentation in regards to your dispute...a copy of your original dispute, a copy of the verification, etc. You can get $1000 plus court costs and legal fees.

    The CA is supposed to list the date of the debt as the date of last activity initiated by you on the account. The only things that count are purchases, payments, or promises to make a payment. Selling the debt to another company does not legally re-age the debt.

    However, reporting the correct date of the debt is not always followed. If you do nothing, then you can expect an unpaid debt of just about any amount to be haunting you forever...It will get sold and resold amongst the collection agencies...and each one will list it on your report...They are getting much more bold in what they will illegally do to a credit report. The CA isn't going to respond very well to a legal threat from you...they hear it all the time. But if you hire a lawyer and have him send some letters, that should get their attention and light a fire under their butts. If not, then you can take them to court and get some $$.
    Oct 9, 2007 - Filed my Chapter 13! Scores: 527/509/528
    Jan 1, 2009 - Sent in my last payment! Scores: 635/628/585!
    Feb 11, 2009 - DISCHARGED & CLOSED!
    I AM NOT A LAWYER. ANYTHING I SAY IS NOT LEGAL ADVICE.

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      #3
      Thanks for your answer. I might have a big time issue - if I can get AT & T to verify the original date of delinquency of August/September of 2005. The trouble I foresee is the fact that it originally was AT & Wireless - which merged with Cingular, which in turn was bought out/merged by AT & T.
      I assume that the original AT & Wireless outfit sent my account to collections by the end of September 2005, because after the due date, August 15, 2005, I just kept ignoring their phone calls and threats.
      Well, the collection agency claims that the account was "placed for collection" in August of 2006 - ONE YEAR later and that it was "updated" in September 2006.
      With all the intercompany changes - AT& T Wireless/Cingular/AT &T will I ever be able to prove that I became delinquent on the account in 2005 and not in 2006, and get the CRA to correct that information?

      Comment


        #4
        Originally posted by magyar123 View Post
        Thanks for your answer. I might have a big time issue - if I can get AT & T to verify the original date of delinquency of August/September of 2005. The trouble I foresee is the fact that it originally was AT & Wireless - which merged with Cingular, which in turn was bought out/merged by AT & T.
        I assume that the original AT & Wireless outfit sent my account to collections by the end of September 2005, because after the due date, August 15, 2005, I just kept ignoring their phone calls and threats.
        Well, the collection agency claims that the account was "placed for collection" in August of 2006 - ONE YEAR later and that it was "updated" in September 2006.
        With all the intercompany changes - AT& T Wireless/Cingular/AT &T will I ever be able to prove that I became delinquent on the account in 2005 and not in 2006, and get the CRA to correct that information?
        You may want to post your question here -

        It's not what we have in our lives, but who we have in our lives and the quality of those relationships.

        Comment

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