02-21-2013 10:47 AM
Okay so mys husband stayed in a place in 2002. He was having financial issues with ex wife and could not afford it being fresh in the military and her not working.
They moved out in 2002 and never ever heard or spoke to the landlord since. She keeps updating the stuff on his credit though.
This is what it says. It is with Pennyrile Collections.
Placed for collection: 04/15/2011
Balance: is $2,296
Date updated: 12/09/2011
Orginal Amount: $1,135
Past Due : $2,296
Pay Status : In Collections
Estimated month and year will be removed : 3/2018
What can he do about this.
We live in Texas.
02-21-2013 10:56 AM
He moved out in 2002 which means that account would've been place for collection give or take 2003. 7 yr rule applys for CRTP. At most that means the account would've fell off as soon as 1/2011 give or take. If the account is being reaged it is a violation. Does his CR show the DOFD on it?
02-21-2013 11:13 AM
A debt collector can report their collection activity at any time. The FCRA does not restrict when a party may report to a CRA.
However, once having reported their collection, they are required to provide the date of first delinquency (DOFD) on the OC account to the CRA within 90 days after reporting.
The CRA then uses that reported DOFD to calculate the maximum date after which they can no longer include the collection in any credit report they issue.
The date reported, date updated, etc. have no bearing on when it must be excluded. That is fixed by the single, date-certain DOFD.
If the CRA is estimating the ultimate exclusion date of the collection to be in 3/2018, that indicates they reported a DOFD of sometime around 7 yrs + 180 days prior, or approx. late 2010, early 2011. That appears to be the date that the account was placed for collection.
That sends up a big red flag. If he moved out in 2002 and never brought the debt current, then the DOFD would be in 2002. Adding 7 yrs + 180 days to that date, it appears as if it should already be excluded from his CR. So you apparently have an issue of misreporting of the DOFD to the CRA.
I say apparently, because their reporting could still be accurate under a very contorted possibility.
Under FCRA 623(a)(5), the debt collector is required to attempt to obtain the DOFD from the OC, and if they receive a DOFD from the OC, report that date.
However, if they have contacted the OC and were unsuccessful in getting the DOFD from them, they are then permitted to estimate the DOFD, but in no circumstances can they estimate/report a DOFD that is later than the date they received collection authority.
That may be what happened, as they appear to have reported their date of collection referral as the DOFD.
If you have documentation that supports an earlier DOFD, such as records of his prior tenancy, then you can dispute the reported DOFD.
I would send a direct dispute to the debt collector.
Meanwhile, as a resident of TX, you can send a request for debt validation under the TX debt collection code, and require them to respond within 30 days.
If their response states they have not yet obtained verification, which is a legitimate response, they are required to immediately delete their reporting until such time as they provide the requested verification. It also imposes a cease collection bar on them.
So, I would file a direct dispute contesting the accuracy of the reported DOFD, and also send a request under the TX state code for verification of the debt.
02-21-2013 11:20 AM
They are mis reporting and I know for a fact that he does not have anything showing that he moved from there in 2002. So should he send anything directly to the collection agency?
Then send a Debt validation to Transunion?
02-21-2013 11:28 AM
The DV does not go to the CRA, it goes directly to the debt collector.
You have the ability to send two different forms of request for debt validation.
One under the fed FDCPA, and one under the TX debt collection code.
The TX code is much stricter, and requires a response within 30 days, and CR deletion if their response fails to provide the request debt verification.
I would definately send them a debt validation request under the TX code.
A DV under the federal FDCPA can also be sent, but does not require any response within any set period.
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