CA inaccurately reporting DOFD

[sophmore]

I pulled my equifax report yesterday.  An old account that hadn't been on my reports in almost a year reappeared under a new CA (Enhanced Recovery Company).  It's an old cable bill.  The new reporting date is Feb 2012 and the new DOFD is 01/2011. 

I knew the DOFD was incorrect considering I haven't had cable since 2007.  I was able to locate an old equifax report from a year ago and lo and behold the DOFD is 08/2007 but under a different CA (Credit Management).  Also, the account #'s differ.  I know it's the same account.  The OC is comcast and the balance is the same amount $152.

Here's my question, should I dispute it with the CRA or should I take my chances and call the current CA and try and get them to delete?(even PFD)

[pizzadude]

Here's what I would do. Send the CA an intent to sue letter for illegally aging old debt. Give them
A week to remove it from all your reports, and agree not to resell it to another CA. If they don't comply go to small claims and file for $1,000 in damages.

[RobertEG]

I agree with pizzadude, but would advise a bit of caution.  The debt collector has very strict requirements, set out in FCRA 623(a)(5), that govern their reporting of a DOFD to the CRAs.  Violation of those provisions are very serious.  Legal action would not be restricted to $1,000.  That cap only applies to civil actions under the FDCPA.

What specifically in your CR are you relying upon to determine that an incorrect date was actually reported by that debt collector, as opposed to some other party, such as a prior debt collector or the OC?

I would first suggest filing a request with the CRA under FCRA 609(a)(1) and (2) for all information pertaining to the reported DOFD.... who reported it, and when.

Factual evidence would be needed to bring legal action.

[sophmore]

RobertEG,

I don't know if I fully understand your question.  I am going off of what is being reported as my DOFD on the report I pulled yesterday vs. the report I obtained February 2011.  I know that I have not had anything to do with this account since 2007.  I was just able to confirm it (even if just for myself) by finding the old report. 

I was planning on apping for a usda direct loan in the next few weeks.  This put a crimp in my plans.  I just want it removed as quickly as possible.  I just don't know what steps I should take.  Should I dispute with the CRA or maybe try and contact the CA and see if they will delete since they are in violation?

[pizzadude]

My advice is to use the stick approach rather than the carrot when you are dealing with CAs. Tell them in your letter that you have proof that they illegally re~aged this account. Don't call them. They will just BS you or ignore you.

Send a certified letter to the CA's registered agent ~ this is who you will want to sue if they blow you off.

[sophmore]

Thank you pizzadude.