Disputing Collections from Portfolio Recovery Associoates for 2 Capital One CC from 9 years ago

[wilmer007]

this collection is for 2 credit cards from capital one from 9 years ago. the company portfolio recovery associates keeps sending me letters to settle the collection and i would like to dispute both of them removed from my 3 credit reports. i'm in flordia if that helps.

[RobertEG]

A collection has a credit report exclusion date of no later than 7 years plus 180 days from the date of your first delinquency on the OC account that created the debt.

That applies, regardless of whether the debt is paid.

In order for the CRA to determine when it must exclude a collection, a debt collector is required to report the DOFD no later than 90 days after they report their collection.

If the DOFD was more than 7 years plus 180 days ago, the CRA will exclude, and it will not see the light of day in your credit report.

The obvious issue is, if the debt is as old as you state, what DOFD did the debt collector report to the CRA?

There are two possibilities:

1.  If the reported DOFD is more than 7/180 ago, then the CRA is at fault for not excluding.  You would contact the CRA and contest their violation of FCRA 605(c).

2.  If the reported DOFD is less than 7/180 ago, then you would dispute the accuracy of the reported DOFD, submitting any documentation to support your assertion that you first became delinquent more than 7 yrs plus 180 days ago,and have remained continuously delinquent since that date.  Correction of the DOFD would then require the CRA to exclude the collection.

[wilmer007]

i don't think i have any documentation of proof other than what my credit report says. i just remember that both accounts were from 9 years ago because it was in 2007. i did not have any new CC opened or approved during these last 9 years (i did start getting new CCs 6 months ago) and my credit report proves that. to further prove it all 3 of my credit reports have no mention of any captial one credit cards issued or reported in the last 7+ years nor is there any hard pulls from capital one either, meaning i never applied or was approved for any capital one credit cards.

again my credit report shows no evidence of capital one in the last 7+ years. that's pretty much all the proof i need.

[wilmer007]

bump

[stargazer25]

Capital one can verify when the first date of default (not account open date).  if it was more than 9 years ago you are good to go. Also PR can verify it for you too. They are a pain to work with. 

[RobertEG]

Once you have obtained the DOFD that was reported by the debt collector, you can dispute its accuracy if you consider it to be inaccurate.

You will need some basis for asserting that it is inaccurate.

Lack of current reporting by the OC does not establish anything relating to the accuracy of the DOFD.

The creditor could have voluntary deleted their reporting while still within the credit report exclusion period.

If you have an old report that shows a different DOFD that was reported by the creditor, or you have old account records showing actual delinquency dates, that would be basis for supporting a dispute.  You might also try calling the creditor and attempting to obtain old statements for a statement of what they consider to be the actual DOFD.

You need some basis for a dispute other than mere assertion.....

[Anonymous]

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@RobertEG wrote:

Once you have obtained the DOFD that was reported by the debt collector, you can dispute its accuracy if you consider it to be inaccurate.

You will need some basis for asserting that it is inaccurate.

Lack of current reporting by the OC does not establish anything relating to the accuracy of the DOFD.

The creditor could have voluntary deleted their reporting while still within the credit report exclusion period.

If you have an old report that shows a different DOFD that was reported by the creditor, or you have old account records showing actual delinquency dates, that would be basis for supporting a dispute.  You might also try calling the creditor and attempting to obtain old statements for a statement of what they consider to be the actual DOFD.

You need some basis for a dispute other than mere assertion.....

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Here's a question for you -  if an OC account has reached exclusion date, is it not the case that the CRA's do not "delete" the account from their records, but merely mask the account from commercial reports?  And if thats the case, wouldn't they (the CRA's) be able to verify the OC's original reported DoFD themselves?

[wilmer007]

so i just called capital one and the rep informed me that both accounts were charged off  may 29, 2012. is this the DOFD?

when i asked about the DOFD she said that is the only information she has on the accounts (other than the charge off amounts, and account numbers)

i hope not because i remember those accounts going into collections in 2007 (2008 at most).

[Anonymous]

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@wilmer007 wrote:

so i just called capital one and the rep informed me that both accounts were charged off  may 29, 2012. is this the DOFD?

when i asked about the DOFD she said that is the only information she has on the accounts (other than the charge off amounts, and account numbers)

i hope not because i remember those accounts going into collections in 2007 (2008 at most).

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No, the charge off date is not the DoFD. That is most likely the date that the Charge Off was REPORTED to the CRA's rather than the actual date of the charge off. By law, a revolving account must be charged off when it reaches 180 days delinquent.

[RobertEG]

Yes, it is correct that excluded information is not deleted by the CRA, it is excluded by the CRA from credit reports they issue.

If the OC previously reported the DOFD, then it is possible to obtain the record of that reporting.  Not all OC accounts for which a collection is reported necessarily reported a charge-off, and the OC would only have reported a DOFD if they had reported a charge-off.

Additionally, an OC account can be deleted by the creditor, so lack of current showing does not necessarily mean that it was only excluded by the CRA and not deleted by the creditor.

FCRA 609(a) permits a consumer to obtain any information of record in their credit file at the time of the request, and thus would be able to obtain that info by submission of a request to the CRA, along with payment of the fee required for section 609(a) requests (currently $11.00).  The CRA might conduct that investigation on a consumer's request, but I would not count on it.  They are likely to require the consumer to submit that documentation.  I would make the section 609(a) inquiry first and submit the documentation with the dispute.

Finally, while FCRA 623(a)(5) permits a debt collector to use a DOFD previously reported by the OC as the presumed DOFD, that does not mean that it cannot be changed.

If the debt collector contacted the OC and was actually advised of a different DOFD, then they can report that date.