Help Me Please!!! Need to know how to handle this

[sandieleslie]

Williams and Fudge put a tradeline on my credit report (Transunion and Experian) for $951 on 7/15/2012

This is for an old debt of $198 with FAU. I attended FAU in the fall of 1998 only (one semester only). They have the debt as being owed since 2004.  FAU shows that I was sent to collections in January of 2005 but working in aviation I have moved around a lot and I guess they never were able to get to me. They transferred this debt from CA to CA until now it is at Williams and Fudge. Williams and Fudge claims they sent me a dunning letter in May and I didnt respond but they didnt have my right address. I am willing to pay it but want to get it deleted. What is the proper step. I live in FL and I believe this is out of SOL by now - how do I handle this properly to result in a deletion? At what point do I dispute?

Please advise

[jcstarkey8826]

I had a williams and fudge collection deleted. It was from student parking tickets, but they lumped it into my debt with the school and I paid the balance in full in 9 payments. If I missed one it wouldnt have been deleted, but I didnt and both debts were taken off.

Might try something like that? I think they are willing to pfd though.

good luck!

[sandieleslie]

Hi JCStarkey,

Can you send me your contact information that you have for them please?

Thanks so much

[jcstarkey8826]

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@sandieleslie wrote:

Hi JCStarkey,

Can you send me your contact information that you have for them please?

Thanks so much

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sorry to say it was just a letter i received a couple of years ago, but my point was that if they offered that to me, im sure you can offer something to them. I dont see why they wouldnt accept it

[RobertEG]

If the OC shows the debt as having been placed for collection in 1/2005, then under FCRA 623(a)(5), the DOFD would have to be prior to that date.

That would result in CR exclusion no later than 7/2012.  It appears that it should be gone next month based on its age, requiring that you do nothing.

If the 1998 date is correct, and your delinquency began at that time, you might have an issue of improper reporting of a DOFD.

[sandieleslie]

Hi RobertEG,

They put Date Opened as 05/2012 so I wrote them a letter and attached my transcript that shows I went there for one semester (Fall 1998) and I got a statement from the Controller's Office where they said the first date it was sent to collections was 2/14/2005 which doesnt match with the statement which says 1/2005 but whatever the statement shows the balance due date as 05/2004 so either way they should be taking it off of my report.

My question is - can I send this info to the credit bureaus and dispute this or should I work with the CA first and then go to the credit bureaus if they wont work with me?

[RobertEG]

Your situation is one of the rare circumstances where I would advise disputing through the CRA rather than sending a direct dispute to the debt collector.

The debt collector was required, under FCRA 623(a)(5), to have obtained the DOFD from the OC, and reported that date to the CRA.  The CRA has, in their records, the actual DOFD reported by the debt collector.  Under FCRA 623(a)(5)(b)(iii), the reported DOFD cannot be later than the date the OC placed the account for collection.

I would assert, with your documentation, a clear DOFD back in 1998, but certainly no later than date of first collection referral.  Let the CRA reinvestigate based on their records.

[sandieleslie]

Hi RobertEG,

This was part of their emailed response - "When we cease to act as a data furnisher, a request to the three bureaus is submitted requesting a close which in essence removes the reported information"

Seems to me they are saying they will close the account and not saying they will delete the account, do you get that same understanding?

[RobertEG]

Their response is BS.

Closing does not remove it from your CR or from scoring.  It also does not remove their obligation to continue to maintain the accuracy of information they have reported.

They are still obligated to correct or delete inaccurate information of record.  They are required to do that on their own intitiative if they know it is inaccurate, or to investigate its accuracy if you file a dispute.