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Question on Collection listed but Original account has dropped.

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lnapier02
Member

Question on Collection listed but Original account has dropped.

TGIF All,

Ok I have a collection that is showing on my TU and EQ reports, but not on my EX one. The Orginal account has fallen off since the card was charged off about 9 years ago, but the collection company is still reporting it on the 2 reports... see below. Now am I right to assume that since the Orignal account holder of Bank of America has dropped off my report that the collection should have as well since its past the 7 year mark? Or am I best to not touch it since it is listed to drop off in 14 months? When we got our mortage in 12/2011 this was not listed anywhere, but then was updated on 06/2012 by the new collection company.

 

NORTHERN RESOLUTION GROU 
P O BO X 5 6 6
A M H E RST , N Y 1 4 2 2 6
(8 8 8 ) 4 4 7 -2 4 9 0
Placed f or
Collection:
0 6 /0 5 /2 0 1 2
Responsibility: I ndividual A c c ount
Account Type: O pen A c c ount
Loan Type: C O LLE C T I O N
A G E N C Y /A T T O RN E Y
Balance: $ 1 0 ,5 1 4
Date Updated: 0 7 /1 2 /2 0 1 3
Original Amount: $ 7 ,0 1 6
Original Creditor: BA N K O F
A M E RI C A
(Financ ial)
Past Due: >$ 1 0 ,5 1 4 <
Pay Status: >I n C ollec tion<
Remarks: >P LA C E D FO R C O LLE C T I O N <
Estimated month and year that this item will be removed: 1 1 /2 0 1 4

Message 1 of 3
2 REPLIES 2
lnapier02
Member

Re: Question on Collection listed but Original account has dropped.

One other question.......

 

Since the Original account fell of my reports I have no way of seeing what the original date of delinquency is. How can I track that information down?

Message 2 of 3
RobertEG
Legendary Contributor

Re: Question on Collection listed but Original account has dropped.

Excluson of a colletion has a precise, date-certain under the FCRA, which is 7 years plus 180 days from the reported DOFD on the OC accounnt.

The same applies to any CO reported by the OC.  Both are based on the same 7/180 period after the same reported DOFD.

 

If the OC did the CO 9 years ago, and the account remained delinquent since they did the CO, it would necessarily have already passed its credit report exclusion period for both the CO and any collection.  A DOFD must PRECEDE the date of the charge-off.  The same DOFD controls both exclsion of a CO and a collection, provided the account was not brought back into good-stanidng after the CO.

 

You thus appear to have an issue with the debt collector having reported a DOFD that was less than 7/180 ago.

Unless something occured after the CO to reset the DOFD, which would have required that the account was brought back into good standing, reamined open, and a new first delinquency occured that ultimately led to the collection, something is amiss.

 

You need to get the DOFD that has been reported by the debt collector.  It must be in your file, as a debt collector is required to report the DOFD on the OC account no later than 90 days after reporting their collection.  If it doesnt show in your report obtained from annualcreditreport.com or in a report obtained directly from the CRA, yu can send an info request to the CRA under FCRA 609(a)(1), and they must provide you with that information.

 

 

Once you have the reported DOFD, you can challenge its accuracy based on the very specifc definitions of what a debt collector must report as the DOFD, which are set forth in detail in FCRA 623(a)(5). 

Message 3 of 3
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