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Creditor Contact after Item removed from credit reports

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Synderella13



Joined: 02 Apr 2010
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120 Magic Points

Subject: Creditor Contact after Item removed from credit reports
 
Posted on Fri Apr 02, 2010 3:49 pm  

A few weeks ago I submitted an online dispute through the 3 reporting agencies. The item i disputed was removed, I suppose the creditor could not supply validation. But the creditor is still calling me. Are they allowed to?
cinnamngrl



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Posted on Fri Apr 02, 2010 5:24 pm  

It might be a new Collection agency with the same debt. Things can be relisted with notice.

Also just because they don't have a right to list with the CRA, doesn't mean they don't have a right to collect.

Was this item old? Have you sent a DV letter?
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Synderella13



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Posted on Fri Apr 02, 2010 5:40 pm  

farily recent. No DV letter but i have spoken to them several times in the past and asked that they mail me documentation. They never did.
cinnamngrl



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Posted on Fri Apr 02, 2010 5:46 pm  

A verbal DV is upheld by the appelate court but I would send one by CMRRR to have records.

I would point out that you have verbal requested DV and to keep calling you violates federal law.
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sdchargers_63

sdchargers_63

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Subject: credit
 
Posted on Sun Apr 04, 2010 12:53 am  

If the SOL is up, then you DON'T have to pay them..correct? (Personal experience here..) If the item was 'dropped' off the credit report, because of no Validation, I don't see how ANY CA can collect on a debt.
NightStar



Joined: 10 Mar 2010
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Posted on Sun Apr 04, 2010 12:03 pm  

1st question is how old was the account you disputed? Was it about time for it to expire.

Or did it come of before that time, just because the collection agency failed to respond to the credit reporting agency.

If it just came off by pure accident, the collection agency could add it right back on when they see it missing. The credit reporting agency is required to give you 5 business day notice of reinsertion, if they don't you have a right to request that the item be removed indefinitely

Another possibility is that the collection agency no longer had the account so technically they were required to remove it. If that is the case another collection agency can pick this up and start reporting it again.

But from what you are saying that the collection agency is still calling, I tend to think that they are the same ones and that they just over looked the credit reporting agency request for verification.

If you don't want the collection agency calling you at home or anywhere else, you have to send in a written letter giving a limited cease and desist meaning they are not allowed to call you, but they are allowed to write to you.

Make a copy of the letter, keep the original and send the copy to the collection agency certified mail, return receipt.

If they call again, you can report them to the Federal Trade Commission here: www.ftc.gov
You can also contact your states Attorney General's Office, or even the Better Business Bureau here: www.bbb.com
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sdchargers_63

sdchargers_63

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Subject: credit
 
Posted on Sun Apr 04, 2010 12:08 pm  

If another CA starts to report it, don't they have to go by the 'original' deliquency date...or..do they 'report' the date that THEY (the 'new' CA) received it? I hope my question isn't confusing.
NightStar



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Posted on Sun Apr 04, 2010 12:16 pm  

Any new collection agencies collecting and reporting on the same outstanding debt from the same creditor. Is bound to the original creditor reporting of the default date. So the clock starts ticking when after initial default with the creditor (the consumer never caught up and after 6 months the account charged off) that charge off date plus 7 years is what the credit reporting agency should show as the drop off date for both the creditor and all the collection agencies that come after wards to collect and report.

If you find a collection agency drop off date does not match when you know the account charged off, then you can report them to the credit reporting agency for re-aging and to the Federal Trade Commission at www.ftc.gov

Some times collection agencies will try to push up the reporting so that the account still appears in the statute of limitations, giving them time to sue you where they would of other wise been out of time.

It is SO SO SO important that consumers keep back copies of the credit report, when they know the reporting was accurate and showed the correct drop off date. Also keep back bank statements showing when the account initially defaulted, also keep any collection letters that were sent to you.

If you don't have this information to prove re-aging, this collection company may just sue you and get a default judgment because you could not prove otherwise.

If you can't then it is up to you to send a debt validation request to the collection agency asking for proof that the account is yours, and they need to send you a payment history, showing what was owed, and when the account went default.

If it makes it all the way to court and you have not gotten debt validation out of the collection agency, you can ask the judge to hold off judgment due to request for Discovery this will halt the court and make it an order from the judge that the collection agency validate the debt.
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cinnamngrl



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Posted on Sun Apr 04, 2010 1:51 pm  

sdchargers, the DOFD is tied to the orignal debt.
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sdchargers_63

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Subject: credit
 
Posted on Mon Apr 05, 2010 12:31 am  

Ok...so...............if you have a credit report that says a certain date and you get ANOTHER credit report, later down the road, with a DIFFERENT date, can the DATE ITSELF be disputed through the CB's? I know it was a LONG question..LOL
NightStar



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Posted on Mon Apr 05, 2010 2:46 am  

Yes, by all means get a lock box, and keep every credit report you ever get, you will needs these to proof foul play if one of the collection agencies start messing with you.

You can send copy of the back credit report to the credit reporting agency proving the date discrepancy and possibly that would be grounds for the whole account listing to be removed, you will also want to contact the FTC to report the collection agency. www.ftc.gov
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