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I would call Citi first and see if you can get records of the account and payment history. If he never paid and the DOFD was in '08. It would be a zombie debt and you could get it off your reports. That would be my first move.
Debt collectors are required to obtain the DOFD and report it to the CRA no later than 90 days after reporting of their collection, so the reported DOFD should be of record in your credit report. It is common for many commercial credit reports to omit showing of the DOFD. If you still have an unused yearly report, try annualcreditreport.com, which usually provides the reported DOFD.
You can file a DV request, and it will still be timely if they never sent dunning notice.
If the debt collector sent prior dunning notice, they can ignore any untimely DV, so let them make that determination.
CRAs are not a party to the debt validation process, and dunning notices are not recorded in a consumer credit file.
As for reporting inaccuracies, they are not per se basis for requring deletion of an entire collection.
You can dispute the asserted inaccuracy, requring the debt collector to either verify or correct the inaccuracy. Deletion only applies if they fail to verify or correct, and only applies to the specific info that was disputed.
Hi RobertEG
So I ordered my free annualcreditreports. The DoFD are different across the 3 bureaus and was even changed so something is up with the OC.
On Experian, the account has been reaged (coincidence since this is the only CRA without the collection). OC chargedoff twice on Nov 2012, false payments then CO again in May 2014 so it shows on record until Feb 2021. They wrote off $2893 in fees compared to the original $2200 loan amount.
The collection agency on the other CRAs claimed account opened with them in 2013 and is asking for $2788. For the CO account, Date of removal on TU is now 4/2017 & DoLA missing on EQ report (my brother's EQ had a DoFD June 2012.).
What do I do now? Dispute through Experian first then get the CFPB involved? Will disputing through Exp force the OC to update their account reporting to all 3 CRAs?
@Anonymous wrote:Hi RobertEG
So I ordered my free annualcreditreports. The DoFD are different across the 3 bureaus and was even changed so something is up with the OC.
On Experian, the account has been reaged (coincidence since this is the only CRA without the collection). OC chargedoff twice on Nov 2012, false payments then CO again in May 2014 so it shows on record until Feb 2021. They wrote off $2893 in fees compared to the original $2200 loan amount.
The collection agency on the other CRAs claimed account opened with them in 2013 and is asking for $2788. For the CO account, Date of removal on TU is now 4/2017 & DoLA missing on EQ report (my brother's EQ had a DoFD June 2012.).
What do I do now? Dispute through Experian first then get the CFPB involved? Will disputing through Exp force the OC to update their account reporting to all 3 CRAs?
You want to figure out the true DoFD from your records then send te reporting creditor a direct dispute over it along with copies of all the different DoFDs that are reporting and ask that the record be updated to reflect the true DoFD on all CRAs. Technically a CRA is supposed to notify others of major changes but they rarely do so in this case its why I say take it directly to the creditor.
http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/Direct-dispute/td-p/2309095
I'm so annoyed. I made sure to not to send the FCRA 609 request for the DoFD to the dispute department of the CRAs.
Experian marked it as a dispute and Citi student loan quickly fixed the reaging they did and changed the remarks to "Written Off. Transferred to other Lender/Office." I called Experian and the rep said they would consider that a dispute when clearly these words show I'm requesting what's in my consumer file. The copy of the credit report sent to me after the call is missing the "set to be removed" section. I need proof of the DoFD.
Equifax however cashed my check and sent a letter asking for more info.
The only basis for requiring deletion of the reported collection would be the assertion that the debt is not legitimate, and thus there is no basis for any collection on the debt.
Disputes relating to items of information reported under the collection only result in investigation of that specific item, with a resulting verification as reported, correction, or if neither is done, deletion of that specific information.
You thus may be spinning your wheels by assuming that finding a "gotcha" inaccuracy will lead to required deletion of the collection.
It is more likely creating confrontation that might later prevent their acceptance of a PFD.
The "solution" to your problem may reside in the fact that you are a NYS resident.
New York has a shortened exclusion period for collections that is five years if the debt is paid.
I would suggest paying the collection, and then sending prooof of your NYS residency to the CRA, and get it excluded based on the NYS five year provision.