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Established Contributor
Posts: 508
Registered: ‎02-02-2013
0

Violation of FCRA?

I've posted here before regarding this matter but after looking over my current and old reports I believe the CU is violating my FCRA.

 

The CU has reaged the debt to show it as reporting in October of 2012 with a large balance as opposed to the original balance and date.  It originally was reporting as 2010, now it says report date is 2012 with $70+ added in fees. 

 

This is in fact a violation of the FCRA correct? 

Total CL: $40k+
Discover, BOA, GE, Cap 1, Chase, Barclay!
Gardening Start: 04/22/2013

Established Contributor
Posts: 653
Registered: ‎01-31-2013
0

Re: Violation of FCRA?

No.  They can update whenever they want; that's not the same thing as reaging.  They are allowed to add interest and fees for as long as your debts go unpaid and there is nothing preventing them from updating the current balance.  Which report are you looking at?

   
FICO Scores 800+
Established Contributor
Posts: 508
Registered: ‎02-02-2013
0

Re: Violation of FCRA?

They have in fact reaged it as I said.  The original date of fall off was 2017, now it is 2019.  They themselves have told me that it would not have added any additional fee's since statements stopped cutting.   I'm looking at all three that say the same thing.

Total CL: $40k+
Discover, BOA, GE, Cap 1, Chase, Barclay!
Gardening Start: 04/22/2013

Established Contributor
Posts: 653
Registered: ‎01-31-2013
0

Re: Violation of FCRA?


2FixMyCredit wrote:

They have in fact reaged it as I said.  The original date of fall off was 2017, now it is 2019.  They themselves have told me that it would not have added any additional fee's since statements stopped cutting.   I'm looking at all three that say the same thing.


If the fall off date has changed, the Date Reported is not to blame; the DOFD is the culprit.  Consequently, if the DOFD has changed, then yes, they are violating the FCRA.

   
FICO Scores 800+
Established Contributor
Posts: 508
Registered: ‎02-02-2013
0

Re: Violation of FCRA?

Ha sorry I still haven't gotten the lingo down. 

 

Then yes they did violate, I have sent the an email telling them to delete if they do not I will report to the BBB, FTC and Attorney General.

Total CL: $40k+
Discover, BOA, GE, Cap 1, Chase, Barclay!
Gardening Start: 04/22/2013

Established Contributor
Posts: 653
Registered: ‎01-31-2013
0

Re: Violation of FCRA?

[ Edited ]

2FixMyCredit wrote:

Ha sorry I still haven't gotten the lingo down. 

 

Then yes they did violate, I have sent the an email telling them to delete if they do not I will report to the BBB, FTC and Attorney General.


Hey, no problem.  Also, if you dispute with the CRA's and the CRA's don't delete (edit:  or fix, thanks guiness), you can file a complaint with the CFPB.

   
FICO Scores 800+
Valued Contributor
Posts: 2,669
Registered: ‎04-25-2011
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Re: Violation of FCRA?


2FixMyCredit wrote:

Ha sorry I still haven't gotten the lingo down. 

 

Then yes they did violate, I have sent the an email telling them to delete if they do not I will report to the BBB, FTC and Attorney General.


You have the two DOFDs side by side to make comparisons?

 

Where did you get your reports from??

 

-scott

Starting FICO Score: 10/10: TU 498 | EQ: 502 Current FICO Score(lender pull): 09/14: TU: 784 | EQ: 752 | EX: 784
Collections Removed: Hunter Warfield, CBE Group, Merchants Credit Guide, EOS-CCA, Enhanced Recovery, Portfolio Recovery, UCB, American Collection Company, Medical Business Bureau, Jefferson Capital, Credit Portfolio Associates, FCO, LVNV, Convergent, Armor Systems
Other Negative Entries Removed:Plains Commerce CO, HSBC CO, 2008 Judgment Santander Reposession


Positive Accounts:10/10: 0 | 07/12: 6 | Mortgage Closed 5/12, Macy's AMEX $13900, Citi/Home Depot $8500, Capital One Cash Rewards $3500, BOA $7500 Total Utilization: 3%. AAoA: 2yr, 9mth. INQS: 1 TU, 1 EQ, 3 EX
Epic Contributor
Posts: 22,398
Registered: ‎01-17-2008
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Re: Violation of FCRA?

The CRAs do not have to delete.  All they need to do is fix the error based on the information provided by the furnisher.

 

If the furnisher doesn't verify the dispute, or fails to respond then the CRA will delete.   But, it can be added back if the furnisher later verifies the information.  They you will have to be notified of its reinsertion within 5 days.

Valued Contributor
Posts: 2,792
Registered: ‎03-15-2012
0

Re: Violation of FCRA?

As to ensure there's no confusion between, DOLA, and DOFD...

OP, are you looking at your DOFD from your equifax reports by chance?

Possibly it's just an updated collection, changing the date.. Nothing can change the true DOFD.

Established Contributor
Posts: 653
Registered: ‎01-31-2013
0

Re: Violation of FCRA?


guiness56 wrote:

The CRAs do not have to delete.  All they need to do is fix the error based on the information provided by the furnisher.

 

If the furnisher doesn't verify the dispute, or fails to respond then the CRA will delete.   But, it can be added back if the furnisher later verifies the information.  They you will have to be notified of its reinsertion within 5 days.


I revised my earlier statement.  Thanks for the correction.

   
FICO Scores 800+

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