an account to a CRA AFTER they have been paid if they had not reported before they were paid? In other words, are they within their rights to suddenly report to a particular CRA for the first time, 2 years AFTER they were paid in full, when they had never reported the account to that CRA before?
Does a CA have a right to report... | 13 posts since Jun 2002 205.188.200.27 | 06.06.2002 @ 14:14 an account to a CRA AFTER they have been paid if they had not reported before they were paid? In other words, are they within their rights to suddenly report to a particular CRA for the first time, 2 years AFTER they were paid in full, when they had never reported the account to that CRA before? DemPooches I would like to know the answer to this too. I don't think anybody here knows
I think the answer is no, dempooches, and all I know for sure is that I'll never know everything there is to know about anything ;-). That's my disclosure for lbrown, I can't find that it's been answered before either. Anyway, I think the answer is no and this is why: There are FTC opinion letters that deem reporting and continued reporting a collection activity. There's no reason to report if you've nothing to collect, unless as a matter of business practice the account was ALWAYS reported. So, in the instance you have described, I have one of them too, you have an account that is paid so there is nothing to collect and they've never reported before. The effect of reporting AFTER you've paid, when they have never reported before, is to zap your credit rating and give someone's ego a tyranical boost which is oppressive and harasssing. It would be different if they were required to report, but they aren't. Harrassment is a violation of the FDCPA, Section 806. Sassy
Yeppers, Let's look at it this way. dempooches what would you have to say to me if I decided tomorrow, and I mean me, Butch, decided to post a debt to YOUR cr? hummm?
They absolutely can report it. The law about continued collection activity only pertains to an account when validation is requested. If a CA has not yet reported an account, they cannot do so until AFTER they have provided validation. There is no law that says they can't report after the debt has been paid.
Nodding tmitchell, There's no law that says they have to report at all so why would they if it was never reported in the first place? Sassy
Thanks for the assist everyone. One of the three who make up DemPooches is quite a little snorter, so Butch, you better keep your notifications to yourself or we might just have to request the intervention of "Lucy the Terrible"! <chuckle> I've been perusing the FCRA and FDCPA to see what violations seem to logically flow from this one. It's going to be interesting because the first request for validation (via nutcase letter) had the accounts deleted in less than a week from EQ. It was the only CRA they were reporting to and they had been reporting it for a long time. To this day, they have still not responded to a validation request. We thought it was over until the accounts popped up about 2 months later (and almost 2 years after payment) on TU showing past due balances. We sent a second nutcase letter and disputed with TU. Incredibly, they verified it with TU. When I think I've got the specific violations nailed down, I'll post everything I've come up with, because I think there are multiple violations here. (Or maybe that's unwise in case they might be watching.) Well, we'll figure out something. We've already mailed the intent to sue and are planning to file a week from Monday if they haven't agreed to complete and permanent deletion from all 3 CRAs and faxed us a letter stating such. (TU is the only one currently reporting, and thanks to a bizarre intervention by the TU rep, the account now shows 0 balance, 0 most owed, 0 past due.) If any of you should have any further thoughts on this, I would welcome any further input. We're green at this, but are determined to be as buttoned up as possible. Also, feel free to email if you'd like. Thanks again!
TMitchell, Don't forget we're talkin about an account that was PAID in full 2 years ago. There is no business relationship, is there?
dempooches, It was deleted and then reinserted, yes? Did the CRA by chance send you notification within 5 days of that with the required certification? Sassy
Nope sorry, That doesn't work, I just re-read, it appeared for the first time on TU and was verified. Sassy
There is no law that says they can't report after the debt has been paid. tmitchell ======================== So in effect a CA or OC can or could report something to a CRA 10 years after the fact-CORRECT !
There's no law that says they have to report at all so why would they if it was never reported in the first place? Sassy ================= To trash your credit like you said in your above post.
the account now shows 0 balance, 0 most owed, 0 past due.) DemPooches There is only one reason for this and it's to trash your credit and score. ````````````````````A 0 balance 0 most owed with a 0 past due is a non existent account but it shrinks your score and trashes your credit report because it's being reported by A CA. This is just one example of how they twist even positive information and use it against you by turning it into a Negative.
Re: Does a CA have a right to report... Butch quote: -------------------------------------------------------------------------------- Originally posted by tmitchell They absolutely can report it. The law about continued collection activity only pertains to an account when validation is requested. If a CA has not yet reported an account, they cannot do so until AFTER they have provided validation. There is no law that says they can't report after the debt has been paid. -------------------------------------------------------------------------------- TMitchell, Don't forget we're talking about an account that was PAID in full 2 years ago. There is no business relationship, is there? Butch, CFP ======================= Butch if as Tmitchel says there is no time limit as to how long after the fact an item can be reported it means they can or could put things that happened 10 15 or even 20 Yrs. ago on our reports.
Write a complaint to the ftc, copy it, and send it to the ca. You can do it online at http://www.ftc.gov/bcp/conline/edcams/fcra/index.html
Sure why not, and then you can get it removed as being past the "seven year " limit. If it was reaged that is a violation and you could get it removed as well. If it is a chargeoff, under the new rules, it would be seven years+ 180 days from the date of the delinquency that preceeded the charge off and NOT when you paid it. (I can't remember the title of the FTC opinion letter, but it is very clear on the reaging issue and correct date of deletion from your report) JohnM
