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Last Baddie... DOFD question too

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Anonymous
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Last Baddie... DOFD question too

I'm looking for some guidance on the last true "baddie" on my credit report. It is an old Wells Fargo credit card that went to collections in 2010, and I settled with the collections agency for less than owed I believe in 2011. 

 

OC:

Wells Fargo (reporting to all 3 CRAs)

Date Open: 12-2-2007

Status: Closed

Balance: $0

Comments: Charge off, bad debt

DOFD: 2/2010

Date Major Delinquincey First repoted: 8/2010

 

Collection Agency: 

Security Credit Services (on Experian and Equifax, just says "08 Wells Fargo" on Transunion)

Date Open: 4/29/2011

Status: Closed

Balance: $0

Comments: Paid for less than balance, legallty settled for less than owed

DOFD: 8/2010

Date Major Delinquincey First repoted: 6/2011

 

I have 2 questions:

 

1. Is their anything I can do about either of these now? They are both paid and not too far from just falling off anyway. GW letters perhaps? I have actually called the CA twice and they have not been able to locate my account or any of my information. Because of that I was considering sending them a DV letter.. but since I don't owe them anything that might be dumb. Perhaps I should dispute it since they don't seem to want to take the time to find my file or don't have it. 

 

2. Assuming I don't do anything mentioned above. Can someone help me determine when these will be removed from my reports? Will the OC Wells Fargo account be removed this February but the colleciton account stay longer? will the collection account fall off the same time the OC Wells one does? 

 

Thank you all!

2 REPLIES 2
rmduhon
Valued Contributor

Re: Last Baddie... DOFD question too

Both accounts will be removed in February. A DV letter won't work since there is no longer a debt and the CA can just toss the letter. And I wouldn't dispute it because if it gets validated the account will update and appear to be a new delinquency dropping your scores. You can either wait until February, send GW letters, or call and ask for an EE (Early Exclusion). TU will usually do EE's up to 6 months, EX about 3 months and EQ 1 month early
Message 2 of 3
RobertEG
Legendary Contributor

Re: Last Baddie... DOFD question too

If the collection is on the same debt, and the debt remained delinquent between the charge-off and the referral for collection, then the DOFD should be be same for both the CO and the collection.   The creditor reported a DOFD of 02/2010 with respect to the charge-off, while the debt collector reported a DOFD of 08/2010 with respect to their collection.

 

The debt collector was requried to have used the same DOFD as that reported by the creditor.  FCRA 623(a)(5).

Thus, you appear to have a basis for disputing the DOFD reported by the debt collector, with your posititon that it be corrected to read 02/2010.

 

Both should have the same maximum exclusion date of no later than 7 years plus 180 days from the DOFD.

However, they will not necessarily both be excluded at the same time.

The CRAs regularly provide an early exclusion at approx 7 years from DOFD, so there can be some variance in when they actually exclude.  It is likely that both will become excluded after 02/2017, but there would be no requirment that either be excluded until 08/2017.

 

You can always request the furnisher of any derogatory reporting to delete that reporting at any time.  Their grant of a good-will deletion is totally voluntary on their part.

Additionally, the CRAs may agree to exclude a few months earlier, and you can always request a lew months extra early exclusion directly with the CRA.

 

A DV is not appropriate.  There is no remaining debt to validate.  Also, it would be untimely, and thus would impose no cease collection bar.  Even if it did impose a cease collection bar, there is no requirement to ever respond to a DV, and with no debt remaining to conduct any collection activities, a cease collection bar is meaningless.

They would ignore it.

Message 3 of 3
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