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Leeching Collection Agency: Removing the LIFE my CR!

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Anonymous
Not applicable

Leeching Collection Agency: Removing the LIFE my CR!

Hi everyone, I'm new here and need your help please on a complicated issue. I need advice how you would tackle this scenario. I'm planning to apply for a mortage but this open collection is an issue. This delinquency is also affecting all my CLI requests. The collection is under Cach LLC and was reported as opened Dec 2013. I'm in NY so I'm assuming I am still in SOL (if the DoFD is accurate). I have read Cach uses law firms and has responded to claims in the past saying they don't participate in collection activity but they're on my CR. On my TU, collection is set to fall off in 2019. However I need it removed sooner so I'm trying to find a loophole since reported information is inconsistent.

I don't remember if they ever sent me a dunning letter. I had another CA pursuing me for a cellphone bill that wasn't mine which was removed. I thought maybe the same thing was happening again and sold to a new JDB. I disputed Cach collection online and the dispute came back "Account information disputed by consumer, meets FCRA requirements." After reading posts, I was able to match up that this was probably for the charged off Citibank student loan I cosigned on for my brother with $500+ interest/fees tacked on. Unfortunately he has fallen ill so I'm trying to work backwards to figure this out.

My Questions/Concerns (please let me know if any of the below gives me grounds to fight this off):

1) How can I verify if I ever received a dunning letter from the CA? Is there someway I can get a copy or even find out what the CRAs have in their report file? Should I send a DV to the CA? Assuming I replied before (since I can't remember), there's no harm in sending a duplicate? They'll simply show this was addressed already right?

2) I read somewhere the CA must state the category the debt falls into so the consumer can know what it's for. On my brother's CR, the credit classification field is empty. It was only through the name "Citibank" and the similar balance I was able to figure out what it is. Is this helpful for deletion?

3) On my CR, the CA lists responsibility as "Individual" instead of cosigner or co-maker. Not sure if this counts for anything...

4) I'm seeing conflicting data across all 3 bureaus and between both our reports on balances, chargeoff dates,etc. How can I find out the true DoFD? On my brother's EQ, says DoFD June 2012.

A) On my EQ, the OC account just lists a sea of "unknowns" starting from Sept 2008 all the way to Jan 2012 followed by 60, 90 day lates, 1 unknown then "COs" from Dec 2012 until March 2014. Date of Last Payment says Nov 2012 but Worst and Payment Status are Unknown. Loan Date closed May 2014.

B) On my TU, the OC account lists Date of Last Payment as Nov 2012 but the Worst Payment Status is Unknown. Loan date closed Nov 2012.

C) On my Exp, the OC account marks "Failed to Pay" Nov 2012 but then the CO acct was reporting Ok payments up until April 2014 then another "Failed to Pay" in May 2014. How would the CA acquire this debt in '13 then? Balance was updated May 10, 2014.

5) I doubt my brother ever paid and the loan was opened in '08. I need proof when the OC started billing...I believe this could have went into default earlier than 2012. I can't access his bank account so I guess I should call the OC for a copy of payment history and proof of method of payment?

Please advise.
Message 1 of 13
12 REPLIES 12
Anonymous
Not applicable

Re: Leeching Collection Agency: Removing the LIFE my CR!

Bump. Any problem solvers?
Message 2 of 13
wallstreet177
Contributor

Re: Leeching Collection Agency: Removing the LIFE my CR!

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.

Message 3 of 13
Anonymous
Not applicable

Re: Leeching Collection Agency: Removing the LIFE my CR!

Thanks @wallstreet177. I'm curious to see what they actually have in their records.
Message 4 of 13
RobertEG
Legendary Contributor

Re: Leeching Collection Agency: Removing the LIFE my CR!

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.

Message 5 of 13
Anonymous
Not applicable

Re: Leeching Collection Agency: Removing the LIFE my CR!

Thank you @RobertEG!

My main concern is that DoFD on our reports maybe wrong altogether since the OC has their details mixed up and is reporting totally different things on the CO acct to all 3 CRAs. Should I dispute the OC still reporting on the CO on Experian well into 2014 (false payments at that)? Funny thing is Exp doesn't show the collection *scratches head* Might leave that alone...

CRA are not involved in debt validation process but is there a way of seeing what the CA sent to the CRA then to make my dispute results come back as "meets FCRA requirements?"

Guess I will double check with the OC first to see what they have and chances are if they don't have info, the CA wont. I'll dispute again for any inaccuracies I discover.
Message 6 of 13
Anonymous
Not applicable

Re: Leeching Collection Agency: Removing the LIFE my CR!

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?

Message 7 of 13
gdale6
Moderator Emeritus

Re: Leeching Collection Agency: Removing the LIFE my CR!


@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

Message 8 of 13
Anonymous
Not applicable

Re: Leeching Collection Agency: Removing the LIFE my CR!

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.

Message 9 of 13
RobertEG
Legendary Contributor

Re: Leeching Collection Agency: Removing the LIFE my CR!

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.

 

Message 10 of 13
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