How to word dispute to Experian?

[010help010]

There is some information on my credit report that is highly inaccurate and I'm not exactly sure how to dispute. Basically they are reporting a very old account (nearly 13 years, though I have no proof) as a new account.

It says the date opened is 2008, the date reported since is 2009 and last reported date is 2011.

I've read the form letters given on this site and have a few questions regarding both situations:

At this point, do I just dispute with Experian or should I also dispute with CA?

How specific do I need to be? Do I simply say the information is inaccurate? Do I say I never opened this account in 2008? Do I say CA is reporting an old account as new? I have no information about the old account, and as I never opened an account with them in 2008 I have no proof of what's not there.

I've read Experian can be one of the worst to correct their records, so I'm basically curious if certain wording will get better results. Thank you for any advice you can give me.

[usagi555]

You are saying that a CA is reporting on your report. You mean that a JDB purchased some old zombie debt and now has their trade line on there?

[010help010]

Sorry, I'm not familiar with the acronyms and lingo yet. A CA (collection agency right?) is the one reporting. They are the ones that purchased the debt when it was charged off nearly 13 years ago. Now they are reaging (I think I've discovered that's the right term?) the debt. As far as I know nobody has purchased the debt as the CA is the same one who I received letters from years ago.

[usagi555]

A CA that purchases a debt is a Junk Debt Buyer. ("JDB") From what you've described, they have re-aged the account. Based on what you have stated, since they would be considered the furnisher of information, you must first dispute with Experian, then you can dispute with the JDB.

Be forewarned, however, disputing can catch the JDB's attention and they may start harassing you with phone calls, letters, and possibly even a lawsuit. The last option would be very bad for them. Suing on a debt that is beyond the SOL is bad news for a JDB when somebody calls them on it. Pretty much any collection activity by them is going to violate some law somehow at this point in time. JDBs just can't help it.

None of that would stop most of us here from disputing, however. You need to understand that they will be bullies, but they have zero power over you if you don't want them to.


Actually, for re-aging the account, you could probably get a free consultation with an NACA attorney. What you described is a violation. You just need to build up the paper trail.

[010help010]

Thank you very much for the advice, I do appreciate your time.

Lastly, how specific do I need to be in my dispute to CRA? Should I state the the CA/JDB is re-aging (again, I have no proof other than I say I never opened an account in 2008 with CA or OC)? Or simply state the information is inaccurate?

[usagi555]

Do you have any proof that the account was opened or charged off over a decade ago? That would go a long way. You can't really prove a negative anyway.

I would be very specific, but my abilities to dispute with the CRAs are currently being tested, so I can't say that my very direct "you screwed up, here's how, here's how I can prove it, here's how you can fix it" method works. I'll let you know if I get any good results if you want, however.

Basically, you tell them that you are disputing the tradeline, you demand that they investigate your dispute, you state that it is a case of re-aging and they are in violation of the law by reporting negative information that is more than 7.5 years old, and they need to delete the tradeline immediately.

[010help010]

I will definitely try to dig something up. Thank you!

[BV80]

Originally Posted by 010help010

I will definitely try to dig something up. Thank you!

The date the JDB is reporting as "date opened" is probably the date they purchased the account. It's not supposed to reage the account.

Is the original creditor (OC) still reporting? If so, what does the OC's entry state as the date of first delinquency?

[thomassl]

Originally Posted by BV80

The date the JDB is reporting as "date opened" is probably the date they purchased the account. It's not supposed to reage the account.

Is the original creditor (OC) still reporting? If so, what does the OC's entry state as the date of first delinquency?

Also, note that the statue of limitations for your state is 6 yrs.

[BV80]

Originally Posted by thomassl

Also, note that the statue of limitations for your state is 6 yrs.

That's true, but it has nothing to do with the SOL for reporting. BUT, it's always nice to know that if the SOL for collection has run out, they're not going to turn around and sue you just because you disputed their entry on the CR.

Well, they could sue (if they're incredibly stupid), but you'd have a defense they couldn't overcome.

[bloomingdale]

I would say a straightforward letter regarding your dispute will do, and if possible attached some documents to support your dispute.