Friday, November 6, 2009

Can the original debtor and a collection agency put the same information on your credit report?

Unfortunately, I allowed 3 credit cards to become delinquent, which were then charged off and apparently sold for collection. The original creditor and the collection agencies have posted these to my credit file. These 3 accounts have turned into 6 on my credit report. Is that legal? If not, how do I resolve this situation. I want to pay these but I also want to make sure these issues are settled, too. Any advice would be appreciated.

Can the original debtor and a collection agency put the same information on your credit report?
As someone who actually reads the laws and does a few minutes of research.....let me assure you it is NOT legal.





The only person who has the right to post to your account is the person with the legal right to collect it.





Just follow the dispute procedures, and send a letter to each of the creditors who are posting this on your account. Demand that they "validate" the debt.





That means they must supply you with proof that you have a legal obligation to pay them. If this debt were sold to a collection agency, then obviously the original creditor does NOT have that right, and they MUST remove it from your credit.





If it's not removed within the specified time period in the Fair Credit Reporting Act, you can easily sue them for $1000 plus court costs. It's a simple small claims suit.
Reply:It is legal. One probably shows the original creditor as the balance being charged off, and the collection agency shows the amount of the original debt. After 7 years, the original creditors will fall off of your report.............Sorry!
Reply:As to the legality, I am not sure. What I do know is that it happens quite frequently. I am a mortgage broker and I see dozens of credit reports each month. Double reporting seems to be the rule rather than the exception. Over the last 18 years, if I had to choose one overriding rule in credit repair, it would be to maintain communications with your creditors, including the collection agencies. Don't promise them anything that you cannot reasonably follow through on. Under promise, over perform. And keep your cool. It's easy to lose your temper with some of these agencies. Good luck!
Reply:Studly is right. You should dispute and ask for vailidation ASAP.


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