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Nixxon
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Subject: Old Collection Account with New Date?
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Thu Mar 11, 2010 1:42 pm
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So I have an old collection account 4 - 5 years (Sprint Cell Phone). I know the SOL is almot up and rather then open a can of worms and just going to let it expire and life goes on.
Well, I just checekd my FICO score and pulled my CR and the date has changed to November of last year (2009)???
So I have 2 questions,
1. Is the SOL date from the 180 missed mark?
2. Can a collection agency just change the date? |
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NightStar
Joined: 10 Mar 2010
NightStar's page
Posts: 143
Location: Illinois
3061 Magic Points
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Thu Mar 11, 2010 5:59 pm
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Sometimes new collection agencies pick up and start reporting old accounts it could be that they tried to re-age, but you won't know until you call the credit reporting agency.
Need to ask the credit reporting agency what the exact expiration date is on this new listing. If you find it not to match old listings of this same debt then immediately dispute it with the credit reporting agency as re-aging.
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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Subject: old collection account with new date
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Fri Mar 12, 2010 6:07 am
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Hi Nixxon,
The Statute of Limitations (SOL) starts from the date of last activity. Going delinquent is one of the activities. So your SOL has started from your date of first delinquency. However, it varies according to the account and the state you live in. So, you need to check the SOL of your state.
Even if a debt is sold off to another collection agency (CA), the SOL doesn't restart. I think the new CA has re-aged your debt. However, re-aging is illegal if not done mutually. What you can do is send letters to the CRA requesting to provide you with the information of the compliance date on this account according to the Fair Credit Reporting Act (FCRA). Don't send this letter in the consumer relations department of the CRA.
After you get the proof of the date, you can complain to the Fair Trading Commission (FTC).
Hope this helps.
Regards,
Aaron
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