I’ve been reluctant to post anything, as customer service representatives often tell cardholders the wrong information.That being said, I now have multiple reports from readers who’s cards have reported to the credit bureaus after this March 21st, 2015 date and they have all stated that their cards were not backdated to their original member since date.It’s important to remember that at the moment this change is only effecting new accounts that are opened, if your American Express card has already reported the old date then it will continue to do so.This also won’t affect the member since date which is shown on the front of your card, only the date reported to consumer reporting agencies.This means that if you’ve been a member of American Express (e.g had one of their credit cards) since 1990 and applied for a card this year, they would report the opening date of the new credit card as 1990. Age is important when it comes to credit scores, as one of the scoring criteria is average age of all accounts (which is a sub section of length of credit history – which accounts for 15% of your FICO score).A little over a week ago a user on the my FICO forums was told by American Express Credit Bureau Unit that as of March 21st, 2015 (this date is based on when American Express first reports your credit card and not when you were approved/received your card) new credit card accounts would not be backdated and the actual approval date would be used.However, at common law this was a criminal offence (going by the contradictory sounding name of uttering a false document) and in most English law based legal systems it is still an offence today, although in many cases statutory provisions have superseded the common law (for example, in the British Virgin Islands see section 242 of the Criminal Code 1997).
This article will try to unpick the various legal threads of when you can and cannot backdate documents, and what the consequences will be if you do.
But even if there is no crime committed (for example, if the backdating was accidental so that there was no (“not my deed”) or the rule in Pigot’s Case such that in the eyes of the courts, the document is treated as though it does not exist.
However, such doctrines are normally limited to situations where one party backdates the contract without the knowledge or consent of the other.
Parties seeking to enforce rights can find those rights barred by ancient common law doctrines like (“from a dishonourable cause an action does not arise”).
In certain cases a criminal act may negate insurance.