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I had a secured capital one credit card that I got in 2012. I paid an extra deposit on the account increasing the balance in 2014. Loss my job, card was charged off, sold to collection agency. I requested validation from collection agency per Texas finance code and they sent me back a summary of my account in collections. The dates they listed are over 10 years old. So capital one charge off shows 2012 and dofd 2015, while collection agency sent me letter showing 2002 dofd. What do I do? Is this in my favor or not? Can I get capital one and collection agency removed by sending the statement to cra?
By the very definition of the DOFD, as set forth in FCRA 605(c), the DOFD must PRECEDE the date of the collection or charge-off to which it applies.
If the account was opened in 2012 and charged-off that same year,then the DOFD must have also been in 2012, and earlier than the month of the CO.
It is not possible for the DOFD to have been in 2002 if the account was not opened until 2012.
Thus, a dispute that asserts a DOFD of any date earlier than 2012 is clearly not accurate.
A dispute of the DOFD will likely result in its correction
Unless the DOFD is changed to be more than 7 years plus 180 days ago, it will not require exclusion of either the reported CO or the collection.
The DOFD will almost assuredly by corrected to some month in 2012.