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First....I contacted Capitol One regarding a Charge Off Account
On 2 occasions I was told they do not have the information on this account . It was sold to a collection agency and that I would need to contact the collection agency for the detalils about date of first deliquency and charge off amount
Second...I completed a dispute with the CRA's and the results came back verified....
Third ......I recieved 2 letters from Capitol One about the charge off as aresult of the CRA dispute
Both letters are dated July 17, 2015
Fourth......According to the information from the Collections Company the Date of first becoming late was May/June 2010
What I dont understand it how Cap One was able to verify this information to the CRA but when I called they could not find any information other than the debt was sold to the a collection agency
Why are the dates different .....account becoming deliquent /date of last payment
Date account became deliquent
Also When you have a charge off....What is the charge off amount. The amount from the date of forst deliquency .....or the amount after all the fees , late payments have been added by Capitol One
Capitol One Letter #1
Thank You for contacting us about your credit report. Based on the information you gave us, we researched your account. We know your credit is important to you so we want to help you understand what we found.
On 07/19/2015, we correctly reported the first date your account became delinquent as 08/07/2010.
If you have any general questions about your account, please give us a call at 1-800-955-7070.
Sincerely,
Capital One• Credit Bureau Resolutions
Capitol One Letter #2
Thank YOu for contacting us about your credit report. Based on the information you gave us, we researched your account. We know your credit is important to you so we want to help you understand what we found.
On 07/19/2015, we correctly reported the date of last payment 08/20/2010.
If you have any general questions about your account, please give us a call at1-800-955-7070.
Sincerely,
Capital one• Cre::fit Bureau Resolutions
The date for first delinquency, which they were required to have reported to the CRA, is the date preceding their taking of the charge-off that you were first delinquent, and therafter remained delinquent until they took the charge-off. The amount of the charge-off would be the amount of the debt at that point in time.
Taking of a charge-off does not affect the consumer's contnued obligation for the entire debt, so it can continue to accure additional interest and fees that are authorized untder your account agreement or permitted by law. The reported amount of the CO does not fix the amount of the debt.
If/when the debt collector reports their collection, they must, per FCRA 623(a)(5), report the same DOFD as that reported by the original creditor.
The DOFD, and that date alone, sets the beginning of the 7 year plus 180 day running of the credit report exclusion period. Any dates of payment or any dates of later activity,such as any payments or dates that the collection was opened, are irrelevant to credti report exclusion.
It is not uncommom for customer service phone reps to state that they dont have access to account information once they have sold the debt.
It is often archived, and if you file a formal dispute, they dig down in the basement. Phone reps often dont or cant conduct that degree of search.
Statment by a phone rep that they dont have information is thus not evidence that can be used to assert lack of verifiability of the information.
It would appear that, if the new owner has not yet reported, efforts to pay them before they report might be the best course at this point unless you feel that the debt is actually not legitimate, at which point you can bring legal action to contest the facts.
Deletion of the current reporting of the CO by the creditor or preventing reporting of a collection are best pursued by good-will or pay for deletion/pay for not reproting offers.
Filiing disputes or complaints over asserted inaccuracies is usually not conducive to gaining their good will.