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A party who reports either a charge-off or collection is required to provide the DOFD on the OC account to the CRA within 90 days of their reporting of the CO or collection.
The OC reported the charge-pff, and also the DOFD on their account. That reported DOFD is then used to determine the CR exclusion date.
The debt collector, upon reporting their collection, was then required to comply with FCRA 623(a)(5) when reporting the DOFD to the CRA.
It appears the debt collector reported a differnt date, such as the date of their collection referral as the DOFD, and not the same date previously reported by the OC with respect to their charge-off.
Section 623(a)(5) states that if the OC has previously reported the DOFD on their account, the debt collector must report that same date.
They are only permitted to report an estimated DOFD, such as the date of their referrall for collection, if the OC never reported a DOFD, AND they contacted the OC, and were unable to get the DOFD from them. There thus appears to be clear misreporting of DOFD by the debt collector.
I would send the debt collector a direct dispute, challenging the contradiction between their reported DOFD and that reported by the OC.
Basis for the dispute is FCRA 623(a)(5).
Thank you all for your valuable suggestions. Can someone please tell me how can I attach a file with my post? I would like to attach a screenshot of the report so that it is clearer to all of you. Clearly, all of you know much more than me, and perhaps it would help you if you get to see the actual report instead of depending on my words for it.
Can you just cut and paste what you want to post? That's all I do.
I have a scanned copy of the same saved in pdf. Cannot copy from there. Tried doing it but it is too cumbersome. Tried to attach it as jpg as well, but here, the insert picture option is asking for a web link.
Credit Items
For your protection, the last few digits of your account numbers do not display.
BANK OF AMERICA
Address: Account Number:
PO BOX 982235 488893299655...
EL PASO, TX 79998
No phone number available
Address identification Number:
0010945858
Status: Account Charged off. $45 Written off, $44 past due as of Aug 2012.
Status Detaiis: This account is scheduled to continue on record until Dec 2018.
Date Opened: 09/2006 Type: Credit Card Credit Limit/Orìginal Amount: $1,500
Reported Since: 10/2006 Terms: NA High Balance: $998
Date of Status: 08/2012 Monthly Payment: $0 Recent Balance: $45 as 0f 08/2012
Last Reported: 08/2012 Responsibility: Individual Recent Payment: $0
Creditor's Statement: Account closed at credit grantor's request.
Payment History:
| 2012 | 2011 | 2010 | 2009 | 2008 | 2007 | 2006 |
Dec |
| ND | ND | OK | OK | OK | OK |
Nov |
| ND | ND | OK | OK | OK | OK |
Oct |
| ND | ND | OK | OK | OK | OK |
Sep |
| ND | ND | OK | OK | OK |
|
Aug | CO | ND | ND | OK | OK | OK |
|
Jul | 150 | ND | OK | ND | ND | OK |
|
Jun | 120 | ND | OK | ND | ND | OK |
|
May | 90 | ND | OK | OK | ND | OK |
|
Apr | 60 | ND | OK | OK | OK | OK |
|
Mar | 30 | ND | OK | ND | OK | OK |
|
Feb | OK | ND | OK | ND | OK | OK |
|
Jan | OK | ND | OK | OK | OK | OK |
|
Account History:
Charge Off as of Aug 2012
180 days past due as of Aug 2012
150 days past due as of Jul 2012
120 days past due as of Jun 2012
90 days past due as of May 2012
60 days past due as of Apr 2012
30 days past due as of Mar 2012
Balance History - The following data will appear in the following format:
account balance /date payment received/ scheduled payment amount/ actual amount paid
Aug 2012: $45/ March 11, 2010 /no data
Jul 2012.' $44 l March 11, 2010 / $1 /no data
Jun 2012: $42 / March 11, 2010 / $1 /no data
May 2012: $41 /March 11, 2010 / $1 /no data
Apr 2012: $39 / March 11, 2010 / $1 /no data
Mar 2012: $38/ March 11, 2010 / $8 l no data
Feb 2012: $36/ March 11, 2010/ $15/ no data
Jan 2012: $35 / March 11, 2010 / $15 / no data
Dec 2011: $0/March 11, 2010/$15/no data
Nov 2011: $O/March 11, 2010/$15/no data
Oct2011: $O/March11, 2010/$15/no data
Sep 2011: $0/March 11, 2010/$15/no data
Aug 2011: $0/March 11, 2010/$15/no data
Jul 2011: $0/March 11, 2010/$15/no data
Jun 2011: $0/March 11, 2010/$15/no data
May 2011: $0/March 11, 2010/$15/no data
Apr2011: $0/March 11, 2010/$15/no data
Between Apr 2011 and Aug 2012, your credit limit/high balance was $1,500
TRIDENT ASSET MANAGEMENT
Address: Account Number: Original Creditor:
PO BOX 888424 900732.... CICI S PIZZA #55 COPPELL TX
ATLANTA, GA 30356
(866) 695-8893
Address identification Number:
0432539412
Status: Collection account. $49 past due as of Mar 2013.
Status Details: This account is scheduled to continue on record Until Jun 2013
Date Opened: Type: Credit Limit/Original Amount:
09/2006 Collection $49
Reported Sìnce: Terms: High Baiance:
02/2013 1 Months NA
Date of Status: Monthly Payment: Recent Baiance:
02/2013 $0 $49 as of 03/2013
Last Reported: Responsibility: Recent Payment:
03/2013 Individual $0
Payment History:
2013
MAR FEB
C C
Account History:
Collection as of Mar 2013, Feb 2013.