12-01-2012 08:09 PM
I have an account on my credit report from Receivables Performance, stating that I have an account that was placed in collections in June 2011 for a past T-Mobile account I had at one time. However, the T-Mobile account was back from late 2006. How would I dispute this matter because, as a result of RPC, the account will not, as it claims, be removed until 2018... almost 12 years later!
12-01-2012 08:29 PM
I actually was following your post in the CC boards so I kind of have an understanding of where you are now. First off, the CA cannot reset the SOL or CRTP of the original OC. Now, with that being said, there is one possible way this can happen. Did you ever sign anything or agree to a payment plan from Receivables Performance and then not follow through with it? The reason I ask is because if you have done that, it can in some cases restart the clock.
Part 2 of this question, you say the account was from late 2006. Is that when the account was open or when it went bad. The DOFD is set when the account first went bad and was not returned to paid as agreed status.
If the account had went bad in 2006 and you did not have a prior agreement with this CA, then you do have a problem. Is this paid or unpaid? Not that it matters as to how it reports, it's just that I like to have the debts paid or settled so they don't come back.
Now what I personally would do is file a direct dispute with Receivables Performance as to the particulars of this debt, to include the DOFD of it. If that does not rectify the problem, then I would file a FTC violation and perhaps the state AG. Some, including myself have had some success with the BBB, but that only works on the CAs that care if they even have a BBB rating.
Hope this helps, I'm around here quite a bit, so feel free to hit me up anytime. Good Luck.
12-01-2012 08:36 PM
Shogun... to answer your questions, the acct was opened late 2006 and I called and had the acct closed in early 2007 cause I had lost my job. So it's been a baddie since 2007. As for a prior agreement, I am 100000% sure I didn't sign anything agreeing to pay it with RPC. In the midst of these questions, you're right, I do have a problem. But, wouldn't me filing a direct dispute with them allow them to legally reage it because then I'll be confessing to the debt?
Lastly, what's the process to filing with the FTC and AG? These are both that I've never had to do so am not familiar and have only done through BBB before.
12-01-2012 08:42 PM
No,, as stated before, there is no way the CA can reset the DOFD of the account. You have no agreement prior with them, so how can you be in violation of that agreement. They have the debt, that is all. Yes, dispute this with them, not the CRAs, all the CRA dispute is just a watered down eOscar file that includes basically no information. You will want to dispute with the CA and advise them what you are disputing. Do you have any prior evidence to the DOFD? Maybe an old CR with the account on there with the correct DOFD? This will go along way, it wouldn't be thrown out as frivolous if you have proof.
As far as the FTC and the AG complaints, they are simple and straight forward. You can just go online to their websites and enter your complaints there.
12-02-2012 01:43 AM - edited 12-02-2012 01:45 AM
When the debt collector received collection authority or when they opened their collection with the CRAs has zero to do with the DOFD, and thus expiration of the credit report exclusion period.
The post seems to equate their reporting of their collection as reporting of an updated DOFD. I dont see any specific evidence of their having reported a later, improper DOFD. Thus, I dont see basis for filing a dispute over their reported DOFD.
To support a dispute, you need clear evidence of their reporting of a DOFD that is contrary to FCRA 623(a)(5), If the OC account was closed in arrears in 2007, the DOFD would necessarily be some date prior to closing date.
A dispute needs some basis for their investigation of improper reporting. I dont see a clear basis for a dispute at this point. Any date pertaining to their reporting of their collection is not per se reporting of a DOFD.
12-02-2012 03:44 AM
I do see an issue with the updating of the DOFD. If the account went into arrears in 2006 and was closed in 2007 then expected exclusion date of 2018 does impose an updated DOFD for the account. If the OP has an old CR with the T-Mobile account on it with the original dates on it, then this would be proof of the account being reaged. Also if the OP could contact the OC and get any information on this account as to when it was closed, this again would give them proof.
12-02-2012 10:21 AM
I will be trying to get evidence, but to be completely honest, I usually shred my credit reports after a month or two after obtaining them for security purposes. So if I'm lucky, maybe I can get some evidence from T-Mobile. If not, is there anything else I can do? Possibly get RPC to provide proper documentation to the in regards to the closing date from T-Mobile. This seems like it'll be one of those accounts that will take a major fight to get off! And I don't understand how they can reage the account like that.
12-02-2012 01:17 PM
The hard evidence of what has been reported as the DOFD is simple to obtain.
Under FCRA 623(a)(5), the debt collector was required to have obtained the DOFD from the OC, either by reliance on a DOFD that the OC has previously reported to the CRA, or by making personal contact with the OC, and to have reported that date to the CRA within 90 days of reporting their collection.
That reported DOFD is thus required to be of record in the consumer's credit file.
Under FCRA 609(a)(1), a consumer may obtain any information of record in their credit file simply by forwarding a request to the CRA, accompanied by proof of their identity and the required processing fee, which is currently $11.00/
If firm evidence of their reporting, and not some estimated exclusion date, cannot be found in the consumer's credit report, a simple section 609(a)(1) request will provide hard evidence of what was actually reported.
12-03-2012 04:48 PM
In the midst of all this, wouldn't it just make sense to dispute it, or even send a PFD or something? I'm beginning to get frustrated because I cannot get a hold of T-Mobile to have them confirm everything and just want it off my report for good. Has anyone ever made a payment on such an account and had it deleted at a discounted price? Just curious because I want to rebuild my credit and this, clearly, reaged account has demolished my FICO score dramatically seeing as how they made it seem recent.
Or can anyone offer an alternative to possibly getting in touch with T-Mobile to have the concern addressed? I tried to call to ask if they could verify when the account was closed and began reporting on my credit, or something along those lines, but with no luck.
12-03-2012 05:02 PM