Getting rid of Portfolio past DOFD

[Anonymous]

I have a collection account with Portfolio recovery from an old capital one card on my report. I need to buy a house asap and need this off my report. The DOFD was sometime in 2008, but is showing on the reports as 10/2010. The original capital one account has already been aged off. I have been looking feverishly for any records to prove DOFD was in 2008, but have come up empty. Should I send a DV to Portfolio or dispute with the agencys? 

[Anonymous]

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@Anonymous wrote:

I have a collection account with Portfolio recovery from an old capital one card on my report. I need to buy a house asap and need this off my report. The DOFD was sometime in 2008, but is showing on the reports as 10/2010. The original capital one account has already been aged off. I have been looking feverishly for any records to prove DOFD was in 2008, but have come up empty. Should I send a DV to Portfolio or dispute with the agencys? 

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Send them a Direct Dispute (FCRA 623) asserting they are reporting an incorrect DoFD. Escalate to CFPB if necessary. Theaten to sue if they do not investigate and correct it.

[Anonymous]

I just did a BBB complaint since they didn't respond to a DV I had done 2 months ago.  They ended up deleting the account, and it should be removd from my credit report soon.

[RobertEG]

The requirements that govern the reporting by a debt collector of the DOFD are set forth in FCRA 623(a)(5).

One provision of that process is that if the original creditor has ever reported the DOFD, then that is evidence from the horse's mouth of the DOFD.

The debt collector should report that same date.

I mention that provision since it is stated that you dont have independent evidence, such as account records, showing the DOFD.

Do you have a prior copy of a credit report that shows the OC account prior to its deletion, along with the DOFD that they reported?

A separate provision of section 623(a)(5) is that the debt collector cannot report a DOFD that is later than the date they first obtained collection authority, as any DOFD must, by definition, precede the date of the collection.

When did th debt collector first report their collection authority, which will be shown by the "Open Date" of their collection?

[Anonymous]

WOW! You all have a fantastic community here. Thanks for all the replies thus far. 

So, start with a direct dispute and then escalate to the BBB/CFPB? 

Robert, unfortunately i dont have a hard copy showing the OC DOFD. I found this site late in the game, and only after cap one had come off my reports. The date of collection is after the DOFD, so I dont have anything there. 

[RobertEG]

You can always contact the creditor and ask if they can send you documentation or billing statements that can then be used to support your assertion of an earlier DOFD.

[bsal]

Unfortunately I'm in the same position with the same collection company with an old citi card back from 2009 and it's past the statue of limitations but they are reporting it saying as of 2015. I been trying to get it off my credit report ... so your saying I should report them to the BBB?

[Anonymous]

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@bsal wrote:
Unfortunately I'm in the same position with the same collection company with an old citi card back from 2009 and it's past the statue of limitations but they are reporting it saying as of 2015. I been trying to get it off my credit report ... so your saying I should report them to the BBB?

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SOL has nothing to do with reporting of a collection as being "current" or open. What is the actual DoFD, and what is the estimated removal date of the item?

[bsal]

Hey Norman thanks for the response the actual date is 2009 but on my last report they are telling me it's not scheduled to fall off till 2019 . I don't know what else to do at this point I really want it off

[RobertEG]

You deal with the required exclusion of a collection by disputing the accuracy of the reported DOFD.

The statutory requirement is unequivocable.... a collection must be excluded no later than 7 years plus 180 days from the reported DOFD (with the CRAs regularly excluding at the 7 year mark).

If you wish to challenge the esclusion date, then you must first determine the reported DOFD.

If it is inaccurate, you file a dispute, either through the CRA or directly with the debt collector, providing your eividence of what you believe to be the accurate DOFD, and thus compel their investigation of your dispute. 

Once the DOFD is accurate, then credit report exclusion is imposed upon the CRA no later than 7 years plus 180 days after the DOFD.