Baddie posting twice on CR, Help!

[Anonymous]

Needing a little advice

I had a credit card with Capital One that was C/O in 2013. On report it shows as sent to collections. I made payment arrangements with the collection agency and the debt has since been paid.

On my CR it shows the account with Capital One with a projected removal date of 4/2020, but Portfolio Recovery (the collection agency) shows a removal date of 8/2022.

Is this normal? If not, what should I do?

[RobertEG]

What derogs are showing under the original creditor account?

[Anonymous]

A 30 day, 60 day, 90 day, and 2 120days late markers. Then the final C/O.

[Anonymous]

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@Anonymous wrote:

Needing a little advice

I had a credit card with Capital One that was C/O in 2013. On report it shows as sent to collections. I made payment arrangements with the collection agency and the debt has since been paid.

On my CR it shows the account with Capital One with a projected removal date of 4/2020, but Portfolio Recovery (the collection agency) shows a removal date of 8/2022.

Is this normal? If not, what should I do?

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The collection account *should* have the same DoFD as the OC account. PRA is reporting the DoFD as this month (apparently). Pull your Equifax report from annualcreditreport.com - it should show exactly what PRA has reported for a DoFD. It should also show when they received the account. These two dates are important. Here's the thing - the collector is supposed to receive the DoFD from the OC or whoever they purchase the account from. *Sometimes* that does not happen. Under FRCA, in such cases they are allowed to "estimate" the DoFD. BUT - the estimated DoFD MUST be prior to their aquisition of the debt - their "date assigned". Your Equifax report should show this clearly. If they have estimated the DoFD to be subsequent to their assignment, that a blatant violation of law, and you would be well within your rights to sue them.

Now, if that is NOT the case - that is their estimate is prior to their assignment, then send them a direct dispute, and include a copy of your Equifax report showing the OC's reported DoFD.

[RobertEG]

Several items could be at play, making the exclusion dates different.

First and foremost, you dont have only one exclusion date for the OC account.  Each derog has its own exclusion date.

The monthly delinquencies each have their own exclusion date of no later than 7 years from their individual dates of occurence.

As for the charge-off and collection, they must have the same exclusion date of no later than 7 years plus 180 days from the reported DOFD.

FCRA 623(a)(5) only provides a debt collector discretion to estimate their reported DOFD if the OC has not reported a DOFD and if attempts by the debt collector to contact the OC and obtain the DOFD have failed.  That is not your situation.

The OC was required to have reported the DOFD within 90 days after they reported the charge-off.  It is of record in your credit file, and is the basis upon which the CRA has estimated the exclusion date of the reported CO.  The debt collector must report that same date,, which makes exclusion of both the CO and collection no later than 7 years plus 180 days from that date-certain.  The difference of 2 years and 4 months is clearly not in compliance with the reporting requirments of FCRA 623(a)(5), which required reporting by the debt collector of the same date reported by the OC.  You can, based on the requrements of section 623(a)(5), support an inaccuracy in the DOFD reported by the debt collector.

[Anonymous]

RobertEG and NormanFH: Thank you so much. Now I have a much better idea of what needs to be done.

[Anonymous]

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@RobertEG wrote:

Several items could be at play, making the exclusion dates different.

First and foremost, you dont have only one exclusion date for the OC account.  Each derog has its own exclusion date.

The monthly delinquencies each have their own exclusion date of no later than 7 years from their individual dates of occurence.

As for the charge-off and collection, they must have the same exclusion date of no later than 7 years plus 180 days from the reported DOFD.

FCRA 623(a)(5) only provides a debt collector discretion to estimate their reported DOFD if the OC has not reported a DOFD and if attempts by the debt collector to contact the OC and obtain the DOFD have failed.  That is not your situation.

The OC was required to have reported the DOFD within 90 days after they reported the charge-off.  It is of record in your credit file, and is the basis upon which the CRA has estimated the exclusion date of the reported CO.  The debt collector must report that same date,, which makes exclusion of both the CO and collection no later than 7 years plus 180 days from that date-certain.  The difference of 2 years and 4 months is clearly not in compliance with the reporting requirments of FCRA 623(a)(5), which required reporting by the debt collector of the same date reported by the OC.  You can, based on the requrements of section 623(a)(5), support an inaccuracy in the DOFD reported by the debt collector.

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Thank you for the clarification on that, Robert!