Can anyone tell me if there is anything that I can do about a debt on credit report that is 11 years old, but the collection agency keeps changing the date making it new again? Thanks, catnip
(a) Dispute the dates -- open, closed, date of last activity, date of the commencement of the delinquency. (b) Sue. If you have proof of the age of the account, and that the CA willfully changes the date of the account to evade the FCRA's time-limits on reporting, then your choice is to sue for (a) reporting false credit information under the FDCPA, (b) verifying incorrect information under the FCRA, (c) re-aging the account to evade the obsoleting of the trade line. Damages would be due under the FDCPA and FCRA; actual damages would be the amount of any rate-jacking, and/or accounts denied due to the existence of the account.
Jam, as usual, is right on the money here. With that said, if you cannot prove up the initial date of delinquency with your records (which you probably can't if you're normal insofar as it's eleven years old), contact the original creditor. See if they have the documentation you need. Assuming arguendo that they didn't, still adhere to Jam's advice. Dispute those prescribed data fields and if they verify, institute a civil action. I'm sure your Affadavit would be enough to preponderate enough proof on a debt this old because they would have nothing to rebut it (absent fraud on the court).
