I have a Collection Agency that is reaging an credit card account from 9 years ago, is there ANYTHING that I can do to prevent this. I just gotten alot of stuff cleared from my Credit Report and they said that they did a reinvestigation and "verified" the debt. Now they are readding it to my Credit Reports.
First make sure that the default really occurred more than 7 years ago. In that case, you should demand that the item be removed from your credit report. I would send a certified letter to the CRA and the collection agency. If this does not work, you should contact a lawyer to discuss your options. You have remedies under the Fair Credit Reporting Act. Both the CRA and the collection agency may be liable for any damage caused to your credit if the item appears on your report in violation of the Act.
you need to ask the original creditor to provide you with the "initial date of delinquency" in writing. the FCRA requires that an item which is 7 years past the initial date of delinquency be deleted. drop me an e mail if you have any problems.
Most states have a law that states that a debt more than 4 years old is not collectible. The following site has more information: http://www.carreonandassociates.com/SOL.htm
The portion of the FCRA that protects you is that the information can be listed 7 years from first SERIOUS delinquency or charge off, not the date a collection agency bought it. This is quite simple to stop. First, send the collection agency a fax or letter with a receipt requested. (fax is good, keep the transmittal and get it there now.) In the letter advice them that they are knowingly and willingly adding false informaton to your credit file and tell them you have already informed your attorney general and he advised you to fax them and provide him with the transmittal record to follow up if they persist. Collectors do not know as much as you may think and believe me, company training is laxed so you need to be specific. Tell them it is a federal violation to damage a credit report with false information and unless they have records to submit to a Grand Jury then you recommend they correct the data immediately. Secondly, send the copies to the credit bureaus and advice them that a CRA can be held liable as well and that their investigation was sloppy and incomplete because you have proof the debt has been re-aged. Get tough. There is no reason you should be afflicted 9 years later. Finally, If this IS a student loan, judgment or taxes, none of the above applies. This is my own personal opinion and is not legal advice. It's just what works. Best of luck to you. Kristi F. CarreonandAssociates.com Asking You wrote: ------------------------------- I have a Collection Agency that is reaging an credit card account from 9 years ago, is there ANYTHING that I can do to prevent this. I just gotten alot of stuff cleared from my Credit Report and they said that they did a reinvestigation and "verified" the debt. Now they are readding it to my Credit Reports.
I must say "thanks you" to the other people who responded too. Your advice and this board is truly a gift.
2 bucks! Best of luck! Kristi Carreon & Assoc Kristi- Carreon & Assoc. wrote: ------------------------------- The portion of the FCRA that protects you is that the information can be listed 7 years from first SERIOUS delinquency or charge off, not the date a collection agency bought it. This is quite simple to stop. First, send the collection agency a fax or letter with a receipt requested. (fax is good, keep the transmittal and get it there now.) In the letter advice them that they are knowingly and willingly adding false informaton to your credit file and tell them you have already informed your attorney general and he advised you to fax them and provide him with the transmittal record to follow up if they persist. Collectors do not know as much as you may think and believe me, company training is laxed so you need to be specific. Tell them it is a federal violation to damage a credit report with false information and unless they have records to submit to a Grand Jury then you recommend they correct the data immediately. Secondly, send the copies to the credit bureaus and advice them tha....
