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Victim of Re-Aging?

Community Leader
Epic Contributor

Re: Victim of Re-Aging?

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.

 

Message 11 of 17
Established Member

Re: Victim of Re-Aging?

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.

~*Rebuild Mode*~
Starting Score: EQ FICO 520/ TU FICO 503 (2/23/13)
Current Score: EQ FICO 574 (4/15/13)/ TU FICO 582 (4/12/13)
Goal Score: 1st goal = to break 600
2nd goal = Over 700 all around
Message 12 of 17
Valued Contributor

Re: Victim of Re-Aging?

    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.

Message 13 of 17
Highlighted
Established Member

Re: Victim of Re-Aging?

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.

~*Rebuild Mode*~
Starting Score: EQ FICO 520/ TU FICO 503 (2/23/13)
Current Score: EQ FICO 574 (4/15/13)/ TU FICO 582 (4/12/13)
Goal Score: 1st goal = to break 600
2nd goal = Over 700 all around
Message 14 of 17
Valued Contributor

Re: Victim of Re-Aging?

sorry you are having such a tough time.

Message 15 of 17
New Member

Re: Victim of Re-Aging?

@libramama hi i am wondering what happened with your issue, i am in same boat also in my case sol has crossed already 

Message 16 of 17
New Contributor

Re: Victim of Re-Aging?

The EXACT same thing is happening with me, with ASSET!!!  Exactly as you describe.  It is frustrating, and seems strange they can do what they do to people.  I know how you feel, as I am going thru this RIGHT NOW with this company.

 

 

Message 17 of 17