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Collection Agency Re-Aging Debt - SOL


chicredit
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Hi

I received a collection notice last week from Cavalry for a cell phone that was used for less than a week in July 2000. The phone was returned due to poor service.

Cavalry has now re-aged the debt to Sept 2005.

I am in IL - Oral 5 Written 10 Promissary 6 Open 5

I have sent them a Validation/ Cease Communication Letter.

If they do not remove the negative within 30 days do I have any recourse?

Thanks for your help.

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I would send them a letter telling them to take a hike as they are violating the law. They cannot reage a debt... the debt starts from the first deliquency and if they are changing that date then you have them.

File a dispute with all three CRA's against this account and tell them that they are violating the FCRA by changing the original deliquency date.

Also check to see if this debt has fallen out of SOL (Statue Of Limitations.) There is link in the RESOURCES forum to an SOL State Chart.

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  • 3 weeks later...
Reporting to your credit has nothing to do with C&D. You will have to attack this through the FCRA.

I strongly disagree. Reporting to the Credit Bureaus is considered as communication with third parties. If I notify the debt collector in writing to cease further communication with me, the debt collector shall not communicate with me, which includes my credit reports as provided by §805(B) and ©. Therefore, reporting to my credit has much to do with C&D. If the debt collector doesn't STOP reporting to my credit or otherwise cease communication with me, that is a violation. This works for debt collectors not OCs.

See, FDCPA, §805:

(B) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

© CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

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Reporting to your credit has nothing to do with C&D. You will have to attack this through the FCRA.

I strongly disagree. Reporting to the Credit Bureaus is considered as communication with third parties. If I notify the debt collector in writing to cease further communication with me, the debt collector shall not communicate with me, which includes my credit reports as provided by §805(B) and ©. Therefore, reporting to my credit has much to do with C&D. If the debt collector doesn't STOP reporting to my credit or otherwise cease communication with me, that is a violation. This works for debt collectors not OCs.

See, FDCPA, §805:

(B) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

© CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

1692©(B) specifically grants the power to communicate with CRAs, even without the permission of the consumer as long as it is not against any other law to report to the CRAs.

1692©© only states the CA must cease collection with the consumer, not 1692©(B) exempted 3rd parties.

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Is there anything that I can do about an OC changing my date of last payment on my credit report. They changed it to a year later. The date of last acitivity stayed the same but bumped the last payment to a year later. Since it was an OC do I have any way to try and get them to change it back.

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Is there anything that I can do about an OC changing my date of last payment on my credit report. They changed it to a year later. The date of last acitivity stayed the same but bumped the last payment to a year later. Since it was an OC do I have any way to try and get them to change it back.

A CA had done the same or similar thing to me. The SOL was due to expire soon on some old alleged debt that had recently appeared on my credit without written notification to me by the CA. The OC never reported the alleged delinquent debt. I disputed the debt and demanded DV with both the OC and the CA. Yes, I had DV the OC who had politely responded. It doesn't matter to me what the legal experts may say, if I have a problem, I believe in going directly to the source of the matter. No, the OC cannot validate the debt because they need more information. However, the CA had responded by willfully posting a recent $0.00 (zero dollars and zero cents) payment on the account (without reducing the alleged balance), as if the CA or OC is preparing to file some lawsuit against me. With the CA multiple violations, my court costs and fees will exceed this alleged $270 debt.

Whether or not some legal experts consider this as re-aging, I know that it is illegal to post a mysterious payment to the account, to report false/ misleading information regarding the account, not to report the account as Disputed. I must have the CA on, at the very least, three federal violations, plus 2 violations of the Florida Consumer Collection Practices Act. I say, Cha-Ching on a measely $270 debt, should the debt be proven to be mine.

One would have to read the limited credit history of that account to determine the true DOLA!!! That's a load of crap! At that point, I had simply refused to further communicate with the CA or CB. It would be a waste of my time and postage$$. My next communication with the CA and the OC shall be two summonses. Yes, let the court determine liability, jointly or severally. Let the OC and CA prove to the court that they made a few bona fide errors. I have an attorney reviewing my documents now. Should the attorney refuse my case for whatever his reason, I am :D preparing to file my action pro se, in state or federal court.

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