MustangGrrL

JDB/Lawyers/Collectors-Clarify reporting illegalities

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I have read so many different rules about collection agencies and junk debt buyers and their ability to report on your credit report. Ive compiled some questions below specific to my situation. If anyone can give me some insight, it would be helpful.

Questions Regarding Debt Collection Accounts (Not w/ original creditors, sold to 3rd parties after charge offs)

1.) Are debt collectors allowed to make repeated hard inquiries to one's credit report?

2.) If a debt collector assigns an attorney to your account, can the attorney make repeated hard inquiries to your account? I've had a "frederick j hanna" lawyer make three hard inquiries in a period of 2 weeks.

2.) Should a debt collection account be listed as an OPEN account or CLOSED account on one's credit report?

3.) Shouldn't these collection accounts be under "Collections" rather than open/closed?

3.) Should the 'Date Opened' reflect the month/year that the collection agency acquired the account from the original creditor?

4.) Should the 'Balance Date' reflect the initial balance after acquiring account from original creditor OR should it be the updated balance indicating when the account was updated?

5.) Are debt colelctors allowed to make incomplete credit report entries, such as as collection account with no balance listed or no dates?

6.) What does Loan Type "Factoring Company Account" mean?

7.) How can a past due status be more than the high credit?

8.) what should i do if a debt collector who owns the account is reporting it as an installment account when it is not? (I have three collectors reporting this incorrectly)

Believe it or not, I have one LVNV funding account which has posted the same account TWICE, once under OPEN accounts and once under CLOSED accounts!

Questions Regarding Accounts Listed Under Original Creditors (after being charged off and sold)

1.) If an original creditor account is listed as a charge off on a credit report (and is has been sold to a collector), should the 'Account Status' be 'Collection' ? I have one that still has a '120 Days late' notation even though its been charged off.

2.) Should the 'Balance Date' reflect the last date updated or date they sold the charged off account?

3.) Under one charge off, its noting delinquencies in the months preceding the charge off, however, there was no account activity for two years. Last delinquencies listed should be last activity right?

4.) What if an account was charged off and sold, shouldnt it be then noted as Balance: $0 ?

If it helps, some of the scum im dealing with is ARROW FIN, LVNV, and MIDLAND.

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I have read so many different rules about collection agencies and junk debt buyers and their ability to report on your credit report. Ive compiled some questions below specific to my situation. If anyone can give me some insight, it would be helpful.

Questions Regarding Debt Collection Accounts (Not w/ original creditors, sold to 3rd parties after charge offs)

1.) Are debt collectors allowed to make repeated hard inquiries to one's credit report? ....YES

2.) If a debt collector assigns an attorney to your account, can the attorney make repeated hard inquiries to your account? I've had a "frederick j hanna" lawyer make three hard inquiries in a period of 2 weeks....YES

2.) Should a debt collection account be listed as an OPEN account or CLOSED account on one's credit report?...There are two place where these terms are used. An account can be an "open" account, meaning it had no set amount, so it was open ended. An account can also be open meaning you can charge against it. In general, an account in default is usually closed by the OC.

3.) Shouldn't these collection accounts be under "Collections" rather than open/closed? ...see above.

3.) Should the 'Date Opened' reflect the month/year that the collection agency acquired the account from the original creditor? ...Doesn't really matter. The only date of importance is "date of first delinquency".

4.) Should the 'Balance Date' reflect the initial balance after acquiring account from original creditor OR should it be the updated balance indicating when the account was updated? ....see above.

5.) Are debt colelctors allowed to make incomplete credit report entries, such as as collection account with no balance listed or no dates?...YES, although you can dispute the incompleteness with the CRAs.

6.) What does Loan Type "Factoring Company Account" mean? A Factoring company is an organization that buys GOOD accounts receivables from other companies to help them with cash flow. Some CAs and JDBs use this flag to imply that's what they've done. Its bogus. Dispute it.

7.) How can a past due status be more than the high credit? ....penalitie and interest add up.

8.) what should i do if a debt collector who owns the account is reporting it as an installment account when it is not? (I have three collectors reporting this incorrectly)....CAs don't buy debts. Junk debt buyer's buy debts. What the CA chooses to cal their entry is not important.

Believe it or not, I have one LVNV funding account which has posted the same account TWICE, once under OPEN accounts and once under CLOSED accounts!

Questions Regarding Accounts Listed Under Original Creditors (after being charged off and sold)

1.) If an original creditor account is listed as a charge off on a credit report (and is has been sold to a collector), should the 'Account Status' be 'Collection' ? I have one that still has a '120 Days late' notation even though its been charged off....CO is just an accounting term. They still own it, you still owe it, they can still try to collect. Therefore, its in collection.

2.) Should the 'Balance Date' reflect the last date updated or date they sold the charged off account? ...CO does not neccesarily mean "sold". When the account is sold, its balance will be set to $0 and the notation will read "written off / sold to another lender".

3.) Under one charge off, its noting delinquencies in the months preceding the charge off, however, there was no account activity for two years. Last delinquencies listed should be last activity right?...Again, not important. Its the original DOFD that matters.

4.) What if an account was charged off and sold, shouldnt it be then noted as Balance: $0 ?....see #2

If it helps, some of the scum im dealing with is ARROW FIN, LVNV, and MIDLAND.

Note my replies...

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Thank you for your reply. I have a few more ?s Im hoping youll clarify. I think i was using the wrong word in my questions. What i mean is JUNK DEBT BUYERS, not debt collectors that are assigned a debt collection account. My debts have been sold to these JDB, so all questions are referring to either JBD or the original creditors prior to being sold to JDB.

2.) Should a debt collection account be listed as an OPEN account or CLOSED account on one's credit report?...There are two place where these terms are used. An account can be an "open" account, meaning it had no set amount, so it was open ended. An account can also be open meaning you can charge against it. In general, an account in default is usually closed by the OC.

When I was referring to 'OPEN' I was talking about where the account is listed on the credit report. For example, there's a closed accounts, open accounts, and collection accounts area on the credit report. These are JDB accounts bought from OC's after they had charged off. So, in reference to this, should the JDB, who now owns my account, place the account in 'Open accoiunts' or 'closed accounts' or should they be under collections?

8.) what should i do if a debt collector who owns the account is reporting it as an installment account when it is not? (I have three collectors reporting this incorrectly)....CAs don't buy debts. Junk debt buyer's buy debts. What the CA chooses to cal their entry is not important.

In this case the JDB is reporting the debt as ''installment' as it was not reported this way with the OC before being sold.

1.) If an original creditor account is listed as a charge off on a credit report (and is has been sold to a collector), should the 'Account Status' be 'Collection' ? I have one that still has a '120 Days late' notation even though its been charged off....CO is just an accounting term. They still own it, you still owe it, they can still try to collect. Therefore, its in collection.

No, the original creditor has already sold this account to a JDB. Im just saying that the OC's reporting still shows delinquencies and hasnt updated balance/status etc. Does that make it look like this account is still there?

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What i mean is JUNK DEBT BUYERS, not debt collectors that are assigned a debt collection account. My debts have been sold to these JDB, so all questions are referring to either JBD or the original creditors prior to being sold to JDB.
You need to be absolutey certain about this. You deal with OCs, CAs, and JDBs differently, so its critical you know who's which. For example, see below.
When I was referring to 'OPEN' I was talking about where the account is listed on the credit report. For example, there's a closed accounts, open accounts, and collection accounts area on the credit report. These are JDB accounts bought from OC's after they had charged off. So, in reference to this, should the JDB, who now owns my account, place the account in 'Open accoiunts' or 'closed accounts' or should they be under collections?
Depending on which CR you're actually looking at, where a tradeline appears may or may not accurately reflect the status of the account. For example, the "3-in-1" reports are notorious for begin misleading. If you're looking at a true report from one of the actual CRAs, then an OC and a JDB would probably be listed in the "Open accounts" section (meaning you still owe on them, not you can still charge against them. A CA should be listed in the collection account area. However, since the CRAs depend on the "data furnisher" (DF) to provide the proper coding when they send in the information, and the coding is done by a miminum wage flunkly (sometimes offshore), the coding may not be right. You can dispute inaccuracies, but for the most part where an account appears is of little consequence.
In this case the JDB is reporting the debt as ''installment' as it was not reported this way with the OC before being sold.
If indeed its a JDB reporting, this is a common coding "mistake". Intentional? Maybe.

If an original creditor account is listed as a charge off on a credit report (and is has been sold to a collector), should the 'Account Status' be 'Collection' ? I have one that still has a '120 Days late' notation even though its been charged off....CO is just an accounting term. They still own it, you still owe it, they can still try to collect. Therefore, its in collection.

No, the original creditor has already sold this account to a JDB. Im just saying that the OC's reporting still shows delinquencies and hasnt updated balance/status etc. Does that make it look like this account is still there?

The only thing you can sort of beleive is the actual credit report. If the person who calls you says "we own it"...don't beleive them. If the OC says "we don't handle that any more, you'll have to talk to whoever", they're probably saying "we contracted with these people to hassle you". In general, most major creditors are careful to update their reporting to say $0 balance and "sold to another lender" when the account is actually sold. Edited by willingtocope

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Sorry Willing, but I need to update this:

3.) Should the 'Date Opened' reflect the month/year that the collection agency acquired the account from the original creditor?

NO. The date opened is the date the account was opened with the OC regardless of who has it now. When a JDB or debt collector lists the account open date as the date they obtained rights on it, it is an attempt to keep it on your report longer and make it look newer. Some people use the term "re-aging" but that isn't quite right either. Re-aging means to bring the account to current open status after a period of good payments after a delinquency and only the OC can do that. Basically bringing an account out of charge-off status as an agreement between the original debtor and original creditor. A JDB or CA can never legally re-age an account; only the OC can.

5.) Are debt colelctors allowed to make incomplete credit report entries, such as as collection account with no balance listed or no dates?

YES. But only for 90 days without the correct date of delinquency, after which they must report the correct date information (FCRA section 623(a)5). The date can be older that the original date of delinquency if they cannot ascertain the real date, but not newer. If they fail to, or other items are incomplete, you can dispute as Willing says. A collection account can never have an incorrect date of delinquency in the collector's favor under the law.

Edited by Methuss

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Thank you guys so much for your help. I really appreciate it. I did alot of stupid stuff when I was younger and ran into some serious hard times after that so Im trying my best to clean up my act. I just wanna make sure these JDB are reporting fairly. My credit report looks like a disaster - incorrect account numbers, dates, junk debt buyers suck at record keeping! and whats worse is two of them have lawfirms after me......errrrr....

.any other things I should look out for that these JUNK debt BUYERS may report incorrectly on their credit reporting entries?

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