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I'm helping my husband clean up his credit, he has one collection. This collection is not posted in his original accounts at all, just within the collections portion of the CRAs. Also it seems that 2 different collection agencies are trying to collect this debt at the same time! And the DofD is not correct by at least 3 years!! The original DofD is not listed since the OC is never listed on the reports at all, but we know for a fact that this went into default late 2010....not 10/2013 as it states on the reports. This is how they are listed....
Equifax
Pinnacle Credit Services
Account Type: Collection
Date Opened: 10/01/2013
Account Status: Closed
Payment Status: Unkown
Status Updated: 11/07/2015
Balance: $1,191.00
Past Due: $1,191.00
High Balance: $1,191
Experian
Pinnacle Credit Services
Account Type: Collection
Terms: 1 Month
Date Opened: 10/01/2013
Account Status: Closed
Payment Status: Late
Payment Status Details: Seriously past due/ assigned to attorney, collection agency, or credit grantor's internal collection department
Status Updated: 11/01/2013
Balance: $1,191.00
Past Due Amount: $1,191.00
Original Creditor: Verizon Wireless
Original Amount: $1,191.00
Transunion
12 Verizon Wireless
Account Type: Collection
Date Opened: 10/01/2013
Account Status: Open
Status Updated: 10/24/2015
Balance: $1,191.00
Original Creditor: 12 Verizon Wireless 201
So my questions are how can there possibly be 2 different CAs collecting on the same account? This date is off by 3 years, what can be done about this? We live in PA and I know the SOL states 4 years from the original date....I don't want to start anything with them since their starting date is still within SOL limits even though that date is incorrect....what steps should I take with this?
First, regarding the DOFD.
The reporting shows the Date Opened of the collections, which is unrelated to the DOFD.
Date Opened is the date they received their collection authority, either by way of assignment from the OC or their having purchased the debt.
The DOFD is not shown.
A debt collector is required to separately and explicitly report the DOFD on the OC account to the CRA no later than 90 days after their reporting of their collection.
Pinnacle apparently first reported their collection in 11/2013 to EX, then filed either an initial or updated reporting with EQ in 11/2015. Neither postings show the reported DOFD. The EX reporting is more than 90 days ago, so they were required to have reported the DOFD to EX no later than early Feb,, 2014. You need to obtain that date in order to determine what DOFD they reported.
As of this time, you do not have any showing of what they reported as the DOFD, so you do not yet have basis for disputing the accuracy of its reporting.
As for the reporting to TU, that is confusing, as they are apparently the OC, and not a debt collectorl
An original creditor does not qualifity as a debt collector under the FDCPA unless they are using a name that leads the consumer to believe they are a third party.
Since the "colection" uses the same name for the reporting party as that of the OC, then they do not quality as a debt collector, and thus their reporting uder the name of the OC would apparently be notice under their own account that they have REFERRED the debt for collection, and not a formal collection account with the CRA.
Since they provide a Date Opened in that reporting that is much later than the date opened of the OC accunt itself, and it corresponds with the date provided by Pinnacvle, that leads to further confusion, as OC reporting would not provide a Date Opened for a collection, as it is not actual reporting of a collection. I would begin by calling the CRA and getting clarification of whether that reporting was made as a third party debt collector, or was it actually their reporting as the OC.
@Anonymous wrote:
Ok so my confusion is valid then huh? Lol I was very confused when it listed Verizon wireless as the collector only on TU and then it's listed as a collection acct not like any other opened or charged off acct. ok so my first step is to call TU and ask those questions? I'm assuming I can't actually call since it's my husbands acct and spouses can't do anything on each other's accts anymore ugh lol so just have him verify if it is the OC or a CA right?
I'm assuming these were pulled from an online service? Try pulling his full free reports from annualcreditreport.com - the EQ report will show the reported DoFD and the other two will show estimated removal dates. Look for the contact information and see if its the same on all three reports.
Yeah I had pulled them from CCT....I did the annualcreditreport today. EQ doesn't show anymore info or DofD on that report either. I did notice that you're right, the address is the same for both collections! Maybe they screwed up their name while inputting it into the computer? I didn't ntoice that before. Removal date is 09/17....which would be technically right if he defaulted in late 2010. I guess it doesn't seem to matter that the collections agency has the wrong start date then huh? Guess I have nothing to make a case on this? Even though I still find it weird that Verizon is never listed anywhere on any of the reports. Anywhere I can go with this? Or no?