Updating old collection accounts with new dates

[DigitalDiva]

Hi everyone!

I've been browsing this site for a while now, and have seen excellent (IMO) advice being given, and I decided to register. Now I have a problem that I can't seem to find an answer to on this board.

I have received several emails from Experian stating that information has been updated in my credit report. When I looked at the information, I noticed that they were accounts that are scheduled to fall off in a few weeks, but they have been updated to show that the delinquency "first" appeared within the past few weeks. What, if anything, can I do about this?

Thanks for any help!

[HouseBy2012]

This is called reaging and its illegal. I just found a collection from 1999 on my credit report that they reaged to May 2009 meanwhile there has been no activity for 12 years. Send the CA a validation letter and then dispute with CRA. Make sure you send the letter certified mail because they have to get back to you in 30 days. They could be fined for reaging your account. I just sent out my validation letter on Friday...

[Lian]

I don't see any reference to a collection. What "accounts" are you referring to? Who did the new reporting, and what did they "update?"

It is common for both OCs and debt collectors to continue updating reporting to the CRAs, That, itself, is proper, and is usually not illegal re-aging.

If they just "update" by reporting the same status, or a new and accurate status, that is totally proper.

Illegal re-aging occurs when either the OC or a debt collector reports a new date of first delinquency to the CRA that is not your actual DOFD on the OC account. The DOFD is the only date that sets the expiration of a charge-off or a collection. I suggest that you carefully review your CR and determine what exactly was "updated" in their recent reporting. RE-aging of your DOFD is a serious infraction of the FCRA, and is closely controlled by the reporting requirements of FCRA 623(a)(5). Make sure that you are talking about re-aging a date of actual delinquency to a newer date, particularly if it is your DOFD.

[DigitalDiva]

Thank you both for your advice; I am going to thoroughly go through my CR and see what the heck is going on. I will update any new findings when I'm finished!

[Lian]

If you choose to contest their reporting, I would not use the DV process. First, the time period for timely DV has probably passed. Second, if their reporting is the issue, that is a dispute matter under the FCRA, and not a collection practices issue under the FDCPA. DVs are for validation of the amount of debt, and/or the name of the creditor. They are not for verification of the accuracy of their related credit reporting.

If you dispute, I would additionally suggest NOT disputing through the CRA. That just adds further complexity, and interjects the CRA into a process that they really have no involvement in. I would send a direct dispute to the debt collector under FCRA 623(a)(8).

[DigitalDiva]

Originally Posted by Lian

If you choose to contest their reporting, I would not use the DV process. First, the time period for timely DV has probably passed. Second, if their reporting is the issue, that is a dispute matter under the FCRA, and not a collection practices issue under the FDCPA. DVs are for validation of the amount of debt, and/or the name of the creditor. They are not for verification of the accuracy of their related credit reporting.

If you dispute, I would additionally suggest NOT disputing through the CRA. That just adds further complexity, and interjects the CRA into a process that they really have no involvement in. I would send a direct dispute to the debt collector under FCRA 623(a)(8).

Thanks for your help!