03-30-2013 12:21 PM
In determining whether the debt collector has violated the DOFD reporting requiements, the issue is how they obtained the DOFD they reported, and thus whether their procedure complied with FCRA 623(a)(5).
The source for any reported DOFD is naturally information on the OC account.
Thus, the debt collector is required to take steps to get that date from the OC.
Under section 623(a)(5), if the OC ever reported a DOFD to the CRA, that reporting trumps all else, as it is from the horse's mouth.
Do any of your old CRs include any reporting of DOFD by the OC?
If the OC never reported a DOFD, the debt collector is required to contact the OC and attempt to obtain that date directly from them.
Maybe they did, maybe they didnt. If they did, they are required to report that date, so the source of their reporting is the key.
If good faith efforts to get the DOFD, either from previous reporting by the OC or from direct contact with them, have failed, then they can make their best guess of the DOFD, but in no case can they report a DOFD later than the date they received their collection authority, as the DOFD must precede a charge-off or collection.
Best if you can get any statement from the OC as to the actual DOFD from their perspective. Armed with such a statement, if you can get it, the debt collector should have done the same, and thus apparently did not comply with their statutory requirement to contact and attempt to obtain the DOFD from the OC.
03-30-2013 02:03 PM
So I called Citibank and they have no records of me. Even after giving them my social security number they still couldn't find me. So, I guess now I will probably just send a DV to Asset Acceptance. The only thing I'm worried about is them hitting me with a lawsuit. I just can't understand how the CA is allowed to report longer than the OC. The OC is no where on any 3 of my reports, yet, the CA is.
03-31-2013 06:34 PM
I think as others have reported elsewhere on this site, companies don't usually pursue a lawsuit for sums less than 5k so hopefully you uare safe on that issue. If I were you, I would focus more on setting up a payment plan and figuring out how to pay it down. Hopefully you can set up a payment plan wheras they stop adding to the total owed and you can start getting it paid down. I know it is hard to owe money and y ou will feel much better when you have more peace of mind concerning this. Good luck.
03-31-2013 06:42 PM
Well, I have been sued twice before for balances way less than 5k. Capital One sued me for a CO years ago and the balance was around $800. Asset Acceptance also sued me for a Victoria's Secret CO years ago for around $600. So, unfortunately, that whole belief about not being sued for balances under 5k never applied in my situation. Since I had a CO placed with Asset Acceptance before and they sued me, I am afraid of this happening again if I send a DV. This whole situation is just frustrating. Maybe I will just wait until SOL is over in Michigan before I contact them.