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Is this an example of Re-aging?


bradjohnson22
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I have a collection from Professional Collection Consultants (OC Cingular) for 818.03 +333.25 Interest. I attempted DV and all I got was this statement dated 11/23/02-12/22/02. The CA is reporting the date on all 3 CR's as 02-2004. They were never able to provide any other "proof". I asked for a copy of the contract and payment history, none was provided. I sent a follow-up threatening to sue and they never responded. Also the SOL in Texas is 4 yrs.

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That's a common tactic, to make it look newer than it is but it isn't reaging. Most CAs update every month, and the CRAs like TU and EX show the 'Date Reported' as if it means something. It doesn't. Check your EQ report and look for the Date of 1st Delinquency. The other CRAs have it but don't show it; it's required by the FCRA.

FCRA ?623. Responsibilities of furnishers of information to consumer reporting agencies

(5)Duty to Provide Notice of Delinquency of Accounts

(A)In general. A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the date of delinquency on the account, which shall be month and year of the commencement of the delinquency on the account that immediately preceded the action.

________

E-cigarettes

Edited by kevin3344
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By the way, this only being reported to to CRA's (TU & EX). I borrowed a lot from a letter I saw earlier and tried to make it my own.

TransUnion

P.O. Box 2000

Chester, PA 19022

To Whom It May Concern:

Professional Collection Consultants Co. is reporting an inaccurate, incomplete and certainly unverifiable item to you and therefore it is wrong for you to report it at all.

I have attempted to have this alleged debt verified by through TransUnion, the alleged creditor, and collection agency to no avail. I am respectfully requesting that TransUnion do what is legally mandated by the FCRA, FDCPA and TDCA, and delete the account listing.

The debt in question is as follows:

Professional Collection Consultants Co. acct #XXXXXXXX

On January 22, 2007, Professional Collection Consultants received a request for validation of debt for the aforementioned account from me. Attached is a copy of that letter and certified mail return receipt #70062760000307143044. I received no response.

On February 5, 2007, I sent a second follow-up letter, certified mail return receipt #7006276000307141019. Attached is a copy of that letter as well. No response once again.

The alleged last date of delinquency that Professional Collection Consultants is reporting is December 2002. This contradicts the date of October 2002 that Professional Collection Consultants is reporting to Experian. How can this listing be correct with variations from report to report? I am including documentation of the Experian report. With that fact being established, they are in violation of FCRA Section 623 (a) (8). This inaccurate reporting of my credit report is in violation FCRA Section 623 (a) (8). I would like to cite US Court of Appeals, Ninth Circuit, No. 00-15946, Nelson vs. Chase Manhattan in which a judge would likely side in my favor if this were to go to trial due to the fact that Professional Collection Consultants and the original creditor, Cingular, can produce no such documentation. I would like to add that this is not my account and I have never had any contact with Professional Collection Consultants or Cingular prior to this. I was never notified in writing, another source of proof neither party can provide, and this is in violation of FCRA 623(a) (7) Negative Information. I would lastly like to add I went to purchase a vehicle in January of this year. This negative listing kept me from obtaining credit at a good rate.

The FDCPA states Professional Collection Consultants must cease collection activity until they have produced verification of the alleged debt, if so requested. As per the FTC, this includes reporting to the credit bureaus, which they obviously have done illegally on and since 10/2002. As per the FCRA, if no competent proof of a debt exists, it may not be reported to the credit reporting bureaus. The FCRA also states that the credit reporting agencies must accept written proof from the debtor. It is quite evident that Professional Collection Consultants, nor Cingular, have no competent proof of this alleged debt belonging to me. As we all know about cell phone companies, you are required to sign a contract up front. If I had a cell phone contract through Cingular, where is it? I disputed this listing through you on February 26, 2007 and it was “verified” to be correct by you, report #2566393006. I am requesting your method of verification. According to the information I have gathered and lack of supporting documentation from Professional Collection Consultants and Cingular, this debt is not mine or probably doesn’t even exist for that matter. I do wish to resolve this tastefully, I will take action and sue for willful non-compliance under section FCRA § 616. I will also file a complaint with the Federal Trade Commission and the Texas State Attorney General’s office. Enclosed is my intent letter.

Therefore, I am not asking for an investigation to be done, I am requesting that the entry be deleted in its' entirety as there is no proof it belongs to me as evidenced by my attached documented proof.

Sincerely,

My Name

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First off, it's good that you live in Texas, the TDCA basically states in Sec. 392.202 that you can request a CA to DV even out of the 30 window. Oh and by the way, as far as I'm concerned, unless a CA replies by CMRRR. they haven't responded.

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