re-aging a false debt

Discussion in 'Credit Talk' started by leamen, Oct 11, 2000.

  1. leamen

    leamen Guest

    Hi to all:
    I have a question about re aging a debt that we never had.

    2 years ago I recieved a bill from a collection agency for $113. It was an old medical bill for my husband. Since we have always had medical insurance, I called the collection agency and then the insurance agency and thought I had solved the problem.(thank God that I had enough sense then to write everything down including the check # given to me from the insurance agency.) Last month my father-in-law started getting phone calls from a different collection agency at least 3 times a day. He finally called them back and told them that he was not my husband but wanted to know what the account was about. They proceeded to tell him all the information. He then told them that he would pass it on to us.

    2 weeks ago I got a copy of my husbands credit reports and it is now showing as a new debt with the account being open as of 6-00. I have all the documentaion that I saved from 2 years ago including names, phone numbers and the check # issued by the insurance company(that had been cashed in 1996 by the Dr.'s office) and the original account would now be 4 years old. I want to call and tell them that they are reporting false information and that my husband was denied credit because of that.

    I guess I have 3 questions:
    1.Can they give info on an account to someone other than the person it is being reported on?

    2.How should I go about disputing with the CRA's?

    3.Do I have any grounds for legal actions if need be?

    Thanks for any info or thoughts.

  2. leamen

    leamen Guest

    By the way.....

    NCO Financial held the debt the first time and was the collection agency that I had thought the problem was cleared up with. They did'nt report it to my husband's credit file until AFTER I contacted them to fix it.(the very next month). The agency that has it now is Gulf State credit. I just looked through an old credit report ran 2 years ago and there it was! I searched for threads on NCO and I see others have had problems.
    Anyone know Gulf State?
  3. lisa

    lisa Guest

    You should write a certified letter to the agency and include copies of your documentation. Once the mess is cleared up, request they send you a letter verifying that the debt was previously paid and that it has been removed from your credit file.

    As for giving any information to a 3rd party, it is against the FDCPA regulations and you could sue them.
  4. roni

    roni Well-Known Member

    The open date is the date the account was finally reported to the credit bureau. You should only be concerned with the last activity date. Make sure this date is 1996. Depending on which Credit report you received the information is formmated differently. For example Equifax clearly states open dates and last activity dates in columns. Experian includes more information and requires a little more reading. Transunion is usually very simple to read. The reports come with a explanation sheet the help you understand what each columm means. Nevertheless, the most important thing to do is to make sure the last activity date is the correct date which should be 1996 from what you are saying. There is no reaging of account under the new FCRA and you are very safe from reaging. If this date is not 1996 you must dispute the item. And you know what? Dont supply the credit bureau with any information just yet. Dispute the item as an incorrect date and let them verify the item. You mentioned you dont really owe this amount. Well that is another battle. I dont think the cb will help with this to be honest. You may be lucky as get this little item off your report by verification. If you send them info, you admit the debt and the cb will use this against you in the future if you try to dispute the item in a few years. Send them proof only as a last resort. Boy, this is getting long. I hope this helps and good luck! ps since you really dont owe this money you should contact the original creditor to prove it to get the collection agencies off your back.

    MOCAFEEN Guest

    If I may interject here...I don't think she'd be admitting the debt by providing info. What she'd be showing is that there never *was* a debt on *her* part, because the doctor's office had been paid by the insurance company. Am I wrong? If so, just ignore me. :)

    As you were...
  6. roni

    roni Well-Known Member

    She would be trusting the person who opens the mail at the credit bureau to truly read the information that she sends and follow up properly. The credit bureau documents everything with little notes on the account.I had more difficulty getting an item disputed because I had provided info that I actually had an account with an agency. when i called the credit bureau they through the info in my face and did not even try to verify it. And unless she send in actual proof that the bill is paid, like a letter from them saying is satisfied or cancelled checks showing that it is paid she could ruin into trouble if she cannot work things out with the creditor. That is not always a guarantee. Plus, i was just offering a suggestion.

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