Ok quick back story, I have an education loan opened back in 2004 with Wells Fargo. It was bought and sold several times. My Income tax return was garnished to pay iit off in full. Now that it is paid off in full I asked the Collection agency to please delete since it was an old account. I even have another collection agency that doesnt even own the account any more still updating on my reports! Both claimed they could not delete because the delinquincy date was updated after a payment I made in 2011. I did not make a payment they garnished my wages.
But I found out on here you cannot reset DOFD ever. And the original creditor and 3 others collection agencies that bought the account aged off. So I called all 3 CRA's and they disputed and the claim came back verified and they said there was nothing else they could do. So I spent hours upon hours searching through old documents looking for anything that could prove the original accounts DOFD. HUZZAH! I found something, and old credit report showing the original account with all the past due dates. Plus one of the accounts it was sold to with all the same dates.
My question is what should I do next? File a complaint with FCRA or CFPB? Contact the CRA's again? File with BBB? They obviously reset the date, that has to be illegal or something right? Also is it a big deal if the account numbers are different? OC uses my SSN. But the open date is exactly the same. I am so excited to think that this may help 4 tradelines get deleted off my reports
Starting Score: TU-470 4/11/19, EQ-482 4/11/19, EX-486 4/11/19
Shoot! I got impatient waiting for advice........ I know I am bad. But I went ahead and filed a complaint with BBB, is that bad, should I cancel it? And thanks for giving me advice once again. I tried googling ITS and searching the forum here and I cannot find what it stands for, however I did find a lot of sample letters and explanation that it's usually the last resort and is a threat for litigation. Is that correct?
Also ironically, the old credit report I found was actually pulled by NACA years ago when I was applying for assistance to purchase a home. I will definitely contact them!
@Anonymous wrote:
@izzesparks wrote:Ok quick back story, I have an education loan opened back in 2004 with Wells Fargo. It was bought and sold several times. My Income tax return was garnished to pay iit off in full. Now that it is paid off in full I asked the Collection agency to please delete since it was an old account. I even have another collection agency that doesnt even own the account any more still updating on my reports! Both claimed they could not delete because the delinquincy date was updated after a payment I made in 2011. I did not make a payment they garnished my wages.
But I found out on here you cannot reset DOFD ever. And the original creditor and 3 others collection agencies that bought the account aged off. So I called all 3 CRA's and they disputed and the claim came back verified and they said there was nothing else they could do. So I spent hours upon hours searching through old documents looking for anything that could prove the original accounts DOFD. HUZZAH! I found something, and old credit report showing the original account with all the past due dates. Plus one of the accounts it was sold to with all the same dates.
My question is what should I do next? File a complaint with FCRA or CFPB? Contact the CRA's again? File with BBB? They obviously reset the date, that has to be illegal or something right? Also is it a big deal if the account numbers are different? OC uses my SSN. But the open date is exactly the same. I am so excited to think that this may help 4 tradelines get deleted off my reports
Send an ITS letter for illegally changing the DoFD. In no way shape or form do involuntary payments via garnishment or levy bring an account current. You might contact NACA for legal advice from a consumer attorney:
consumeradvocates.org
@RobertEG wrote:Before jumping the gun by sending intent to sue letters and/or filing complaints with the CFPB, etc., I would be sure that your documentation provides proof of improper reporting of a knowingly inaccurate DOFD.
While a DOFD is a factual date set by the date you first became delinquent on the OC account and thereafter did not bring the account back into non-delinquency prior to the sale or referral of the debt for collection, the issue is not whether an inaccurate DOFD was reported, but rather whether any such reporting was done with knowledge of its inaccuracy.
Did the OC, in your prior documentation of reported delinquencies, ever report a DOFD?
If not,then monthly delinquencies do not necessarily proivde proof of the actual DOFD.
I would first file a direct dispute with the debt collector, providing them your documentation and arguments, prior to asserting they reported an inaccurate DOFD with knowldege of its inaccuracy. There are times when a debt collector does not obtain or know the actual DOFD, and must make an estimate.
That includes when the OC has not provsiously reported a DOFD and the debt collector was unable, when contactng the OC, to obtain the date from them.
See FCRA 623(a)(5) for details of the obligations of a debt collector for attempting to obtain and report the DOFD.
Yes the paperwork I found does show the DOFD it was 8/2005. I know for sure that I did not bring the account back to current status personally. The only payments ever made were by garnishments, until it was paid in full. I did file a complaint with BBB already and sent in copies of the paperwork, so I hope that it works out. I called the collection agency and I called the credit bureaus , they were no help. Thanks for all the advice again!
@Anonymous wrote:
@izzesparks wrote:Ok quick back story, I have an education loan opened back in 2004 with Wells Fargo. It was bought and sold several times. My Income tax return was garnished to pay iit off in full. Now that it is paid off in full I asked the Collection agency to please delete since it was an old account. I even have another collection agency that doesnt even own the account any more still updating on my reports! Both claimed they could not delete because the delinquincy date was updated after a payment I made in 2011. I did not make a payment they garnished my wages.
But I found out on here you cannot reset DOFD ever. And the original creditor and 3 others collection agencies that bought the account aged off. So I called all 3 CRA's and they disputed and the claim came back verified and they said there was nothing else they could do. So I spent hours upon hours searching through old documents looking for anything that could prove the original accounts DOFD. HUZZAH! I found something, and old credit report showing the original account with all the past due dates. Plus one of the accounts it was sold to with all the same dates.
My question is what should I do next? File a complaint with FCRA or CFPB? Contact the CRA's again? File with BBB? They obviously reset the date, that has to be illegal or something right? Also is it a big deal if the account numbers are different? OC uses my SSN. But the open date is exactly the same. I am so excited to think that this may help 4 tradelines get deleted off my reports
This is not following CRA reporting guidelines. A collector is instructed to delete their collection report if their collection authority is terminated before the account is paid. I swear to god these student loan collectors are the WORST! Absolute scum.
I did not know that! I learn something new everyday on here, so if my BBB complaint doesn't help I can use this new info to try another route.
