06-15-2012 10:35 AM
I have a medical collection and the date of service was May 2010. Now the collection agency said that they received the collection in September 2010 and the are telling me that this is the first day of delinquency. I never heard of the first time I am late, they report it to the a collection agency. Could this be true? BTY, The orginal creditor will not give me anything in writing regarding the first day of delinquency. They will only give me the date of service.
06-15-2012 10:48 AM
06-15-2012 12:30 PM
06-15-2012 01:17 PM - edited 06-15-2012 01:19 PM
It is possible for them to report the date of their collection referral as the DOFD, but it would require them to have been unsuccessful in prior efforts required under the statute.
The requirements for reporting of DOFD are set forth in FCRA 623(a)(5) in steps.
Bottom line is that since the debt collector is not the OC, they have no way to independently determine your acts under the OC account.
The OC is the source of information as to the actual DOFD.
So, the statute handles it as such:
1. If the OC ever reported a DOFD to the CRA, the debt collector MUST report that same date. Official word from the OC trumps all.
2. In the event the OC has not reported to the CRA, which is apparently your situation, the debt collector must first contact the OC and attempt to get the DOFD from them. If the OC provides them a DOFD, they must report that date.
3. As a catch-all, if the debt collector has contacted the OC, but attempts to get the DOFD were unsuccessful, then and only then may they make their best "guess" of DOFD. Section 623(a)(5) states that they may not report a DOFD that is later than the date they received collection referral.
Thus, it is possible for them to report a DOFD as the date of their collection referral, but ONLY if they have first complied with steps 1 and 2.
If you contact the OC, they give you a date, and the debt collector did not also contact them, then the reported date of collection referral would be in non-compliance with the statute. You need to do some investigation to determine whether their reporting was a violation.
The DV process wont help in that regard. It does not relate to credit reporting.
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