DOLA and sold accounts?

[onourway]

I have a repossession with a DOLA with the OC of 8/00 which is correct.

They have sold the account, and the debt is listed a second time with new dates.

opened: 3/04

DOLA: 9/04

Which is rediculous, considering we didn't even know this second company existed, so there was never any activity with this account. Isn't this considered re-aging the account?

This was a mobile home repossession, and both companies are listed as mortgage companies. Is the new owner, considered a collection agency and bound by FDCPA?

Thanks for your help.

[GreatGadsby]

i'm certainly not an expert, but as long as they obtained/bought/were assigned the debt after it was in default then they are a CA or JDB. i would DV them and then dispute with CRA.

[GreatGadsby]

you made me think of a question though..... if the 'initial communication' from the CA or JDB is you finding it on your CR, how would they determine the 30 days for them to have to stop collection activities during validation, and the 5 day window for them to provide you with the paperwork with the mini-miranda on it?

[divemedic]

That has been argued. If you call them and request something in writing, this becomes the initial communication. They will try to say they wrote you before, as they all try to claim. I am going to see if I can nail this current CA I am suing on this.

[onourway]

Thanks for the reply!

I'm trying to get everything in order before contacting them, as the amounts are high, so it would be worth it to them to file a lawsuit.

My first concern with this account is whether or not they have the right to re-age it by 4 years making the DOLA when they purchased it.

[divemedic]

No, they do not. The 7 year reporting period is set by law. If it were that easy to change, we would all be stuck with bad credit forever.