HELP...Ehanced Recovery reporting old collection

[nymets010]

I just received an alert that a new collection was placed on my Experian report. It is a Dish network collection for 249.00, being reported by ERC. The collection is very old (2004) and was deleted from my report at one point. I never received a dunning notice from them. I just got my mid fico to 591, and was going to apply with FGMC tomorrow!!

I dont know how much damage this did to my score but non the less i need to take care of it. What would be the best and quickest way to get this deleted? Dispute with CRA? DV?

[LIGHTNIN]

CA's stay on a CR up to 7.5yrs from the DoFD.

So it would depend on what month in 2004, did this account go into default.

Say the DoFD was in Dec 2004, then it could report until June 2012.

Now if the DoFD was in Aug04, then it should've been removed by the end of Feb 2012

So if the DoFD was in Aug or before, you could dispute with EX to remove, because it's passed the CRTP (credit reporting time period)

Sending a DV and a PFD will take time.

The quickest way, I think is sending a PFD Letter or email to ERC.

It all depends on what the DoFD is on the OC account. You can contact EX to find this information.

Hope this helps.........See what others, have to say too.

[RobertEG]

To definatively challenge its inclusion in your CR, you must know the DOFD on the OC account.  Once 7 years plus 180 days has passed from that single, date-certain, the collection must be excluded from your CR.  That responsibility resides with the CRAs, not the debt collector.

Did the OC ever report to the CRA?  If so, the DOFD reported by them is THE conclusive DOFD.  The debt collector is obligated by statute to report that same date, and no other.

If the OC never reported, the debt collector was obligated to contact the OC and attempt to get the actual DOFD from them.  Debt collectors cant independently determine actions that occured in your OC account.  What do your records show as to your date of first delinquency on the OC account?

As for lack of dunning notice, the debt collector was required to have sent you dunning notice within 5 days of reporting their collection to the CRA.

I would send a letter of complaint to the FTC for their violation of FDCPA 809(a).  I would send the complaint, not expecting FTC action, but rather to send the debt collector notice of your knowledge of their FDCPA violation..... by also sending a cc: of your complaint to the debt collector.  It should wake them up, and may result in CR deletion as a means of covering their violation.

The issue is not one of inaccuracy in credit reporting, unless you have evidence that they actually reported an improper DOFD, so I dont see a basis for a dispute.

Failure to provide dunning notice is additionally not a FCRA violation, and the CRAs arent involved in that process.

A DV will provide a bar against further collection activities by the debt collector until such time as they respond, but unless you live in Texas, they have no period for response, and thus you might just sit in limbo. 

My advice is that if you have clear evidence of the DOFD, such as through your own records or any prior reporting of a DOFD by the OC, then send a complaint (not a dispute) to the CRA, asserting their violation of FCRA 605(c) by its continued inclusion in your CR.