Step One

Request documentation from the credit reporting agencies if

you believe an account has been re-aged. This is not be a
dispute letter. This is a letter requesting your consumer
disclosure file which contains a comprehensive history of your
credit information under FCRA Section 609(a)(1). The section
states “…every consumer reporting agency shall clearly and
accurately disclose to the consumer ALL information in the
consumer’s file at the time of the request.”
This means ALL information in a consumer’s file must be
disclosed to the consumer which would include the first date of
delinquency. Your consumer disclosure file is not the same as
your credit report. You must “clearly” state the information you
are requesting.

Example:

I am inquiring about [account name] and [account number].

Please provide my consumer disclosure file under FCRA
Section 609(a)(1) and provide me with the date of first
delinquency, the FCRA compliance date and the name of
the party who reported the date of first delinquency.
[Note: There may be a fee. Be sure to accompany your letter with the required
processing fee.].

Step Two
Once you receive confirmation of the date of first delinquency
(DOFD) check the dates of the original creditor (charged-off
account) and the collection account associated with that debt.
The collection account must match the DOFD of the original
creditor. If the dates do not match, and the collection agency
shows a more recent date, re-aging has occurred.
Step Three
Dispute the collection account.

Example: I am disputing the [collection agency name], [account

number]. The collection agency has re-aged this account
according to the original creditor’s date of first delinquency.
Please delete this account immediately. (You may include in
the letter supporting documentation if you received the correct
DOFD from the credit reporting agencies in Step 1).
[Note: Never ask for a correction of a negative account, your goal is to get any
and all negative information deleted].

Step Four
Remember, if you have a collection account on your credit
reports and it has been a while since the collection agency has
contacted you about the debt, disputing the debt may renew the
collection agencies’ efforts to collect the debt. Perhaps this is
not a concern however, if it is a concern, check your
state’s statute of limitations on the debt. If the statute of
limitations has expired, you cannot be legally sued for the debt.

Step Five
Report re-aging to the Federal Trade Commission (FTC) as
this is a serious offense under the FCRA. In 2004, the Federal
Trade Commission fined NCO Group $1.5 million for account
re-aging. You should also report re-aging to your State’s
Attorney General. In addition to making a big stink and creating
a paper-trail in case you have to file a lawsuit, reporting these
violations alerts the proper regulating authorities and causes
them to act. They will not know about the illegal practices of
debt collectors unless you inform them. Your tax dollars go into
running these agencies so utilize them.
Step Six
Report the collection agency and the credit bureau to Consumer
Financial Protection Bureau (CFPB). But make sure you have
first filed a dispute with the credit bureau before making a
complaint. According to the CFPB there are important
consumer rights guaranteed by federal consumer financial law
that may be best preserved by first going through the credit
reporting company’s complaint process. Once that process is
complete, if you are not satisfied with the resolution or if the
credit bureau does not respond, the CFPB is available to assist.

Step Seven
Take legal action if your dispute efforts have not resolved the
matter. You have several alternatives in taking legal action. You
may be able to sue the collection agency for violating the
FDCPA and the FCRA. You can definitely sue the credit
reporting agency for violating the FCRA. Should you wish to
hire an attorney, www.naca.net has many referrals to consumer
attorneys who handle FCRA and FDCPA violations.