When a debt is re-aged, does it show the company who re-aged it? In my case, there was an old debt that appeared on my credit report with Experian (only). The debt appears to have been re-aged exactly seven years after the default and approximately the same time I received two notices from two debt collection agencies (DCA) demanding payment for the debt (this was a year ago--7/99). Also, there are notations by both debts that note a 10 month payment schedule with no payment having been made and that (not exact wording) the debt expires on 7/01. The original default was approximately 6/92. I did not negotiate any payment plan with either DCA). Interestingly, the DCAs did not appear on Experian's report at all (not even as if they made an inquery on my debts), but did appear on Equifax's (the re-aged debt did not appear on Equifax's report). I want to take action against both DCA's. I did send a certified letter to Experian two weeks ago asking that the re-aged debt be removed. What do you think? Thanks
Don't file any lawsuits that is just more aggravation. I had the same sort of bullshit on my Experian report from a collection agency, they had updated the dates on a 1992 debt as though it were from 1998. Experian deleted the information right away when I wrote to them. Get the information corrected and forget about it. After your reports are clear, you will get pre-approved offers in a few months.
The FCRA is the Fair Credit Reporting Act. It is federal legislation, which specifies that one may use "any court of competent jurisdiction". This includes small claims court. Generally, if the initial date of delinquency is over 7 years old, and the original creditor or the Credit reporting agency still shows it, a small claims lawsuit for damages (money) and declaratory relief (ie a judge's order forcing the Credit reporting agency or creditor to remove the item) can be filed and won. More often, they are filed and settled. I have dealt with REALLY STUPID people at Fleet Bank who wouldn't correct my credit report. As soon as I filed a small claims lawsuit, the head guy phoned me and fixed the problem in 10 minutes. Unfortunatel, it takes a lawyer or a lawsuit to get the attention of somene with a brain.
You can't be successful in court until you dispute the debt either directly to the collection agency and/or the credit bureau. Once you have done that, you can sue them for punitive damages under the FCRA and/or FDCPA. Don't waste time in small claims since damages are generally limitted there. Go straight to Federal Court.
You were fortunate. I wrote Experian, Transunion, etc. They merely contacted Fleet Bank, which "confirmed" the incorrect debt. Collection agencies are more likely to merely ignore the request for confirmation, and the info is removed. Obviously, one tries things nicely at first. That doesn't always solve problems.
Federal court requires a lot of legal fees. I don't know any non lawyers who could do it pro se. Most people want their credit report fixed, and damages ae secondary. In CA, each small claims action is capped at $5K. You aren't going to get a lot more than $5K because you were turned down for a car loan. Punative damages are not allowed in negligence actions, only in common law intentional torts, or willful behavior under statutory law. The statutory anguage is usually
Thank you, everyone for your help. I too have had some difficulty with Fleet (I live in Massachusetts and they now are pretty much the only bank left after what seems like 50 mergers). Again, this web page has been truly helpful. Thank you,
The FCRA and FDCPA is statutory law. If you dispute the debt in writing and nothing is done to remove derogatory information, then the acts are willfull by definition. Check the case law. But there is another issue. If they continue to attempt to collect a debt that is not legally enforceable and do so willfully, it is fraud. How do you determine willfulness? It is quite simple. Send a letter certified mail proving the debt is null. If collection efforts continue, that is intent. In the State of Washington, small claims damages are limitted to 2,000.00. But small claims judges suck.
Obviously the FCRA and FDCPA are statutory law. If one merely reads the FDCPA on its face, it appears that a "bona fide mistake" is a defense to having billed someone for a paid account. I've seen case law (one 9th circuit Apellate case) in which the court held that the defendant had to show that it had in place a system to avoid "such errors" as billing someone twice to use the defense of "bona fide mistake". I have not read any other FCRA or FDCPA case law. I could, and I'd appreciate it if you could point me to any cases worth reading- either by formal citation, or by plaintiff/ defendant and venue. Otherwise a search for FCRA and FDCPA cases at the federal apellate level would take forever. I would appreciate the information. Have you ever filed such an action in Federal Court?
Bakker v. McKinnon, No. 97-3267, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, 152 F.3d 1007; 1998 U.S. App. LEXIS 20505, March 11, 1998, there's your case law for punative damages under the FCRA. It has not been overturned.
Your point eludes me. Yes, a bona fide mistake is a potential defense under the FCRA and FDCPA. However, once the debt is disputed, the creditor then has an opportunity to review the matter and fix any mistakes. If the mistake is not fixed and the derogatory information removed, then it becomes intentional. Right? Am I missing something?
