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Violation of FCRA?

Established Contributor

Re: Violation of FCRA?

What I am looking at is the fact that my report from 01/13/2012 says it is to be recorded until 2017 while my new report is saying until 2019. They had to have changed something in order to add an additional two years to it, right? 

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

Valued Contributor

Re: Violation of FCRA?

Look at the payment "blocks," and check for variances between the green ok's, if you have the online report in front of you.

 

..how is this debtor reporting? Collection, factoring company, open, closed?

Senior Contributor

Re: Violation of FCRA?

If the DOFD was changed and both CR's can show that it is a clear violation of the FCRA. Did you make any payments to them or agreed to anything with them?

Valued Contributor

Re: Violation of FCRA?

All your DaBears. I'm off. My bedtime. I'll read it later on tonight.

Established Contributor

Re: Violation of FCRA?


DaBears wrote:

If the DOFD was changed and both CR's can show that it is a clear violation of the FCRA. Did you make any payments to them or agreed to anything with them?


No, no payment arrangements or anything.  The only reason I even caught this is because I found all my reports I pulled from Jan 2012 and it clearly shows the fall off date is 2017 but the new dates show 2019.  This is showing as a charge off and was updated on my credit Oct 2012.

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

Senior Contributor

Re: Violation of FCRA?

Established Contributor

Re: Violation of FCRA?

I will have to get them scanned onto the computer so it will probably be this afternoon but I definitely will!

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

Valued Contributor

Re: Violation of FCRA?


2FixMyCredit wrote:

DaBears wrote:

If the DOFD was changed and both CR's can show that it is a clear violation of the FCRA. Did you make any payments to them or agreed to anything with them?


No, no payment arrangements or anything.  The only reason I even caught this is because I found all my reports I pulled from Jan 2012 and it clearly shows the fall off date is 2017 but the new dates show 2019.  This is showing as a charge off and was updated on my credit Oct 2012.


Fall Off Dates can be wrong. They are wrong alot.

 

We need to see the concrete DOFD when you get a chance to scan.. are they third party reports or direct from the CRA?

 

-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
Community Leader
Epic Contributor

Re: Violation of FCRA?

I agree with rckstrscott.

 

As I understand the thread of the post,  the OC reported a charge-off on the account, which required them to report the DOFD on their account to the CRA within 90 days thereafter.

The issue is apparently the assumption, based on a restatement of the expected CR exclusion date, that the OC has now reported a new DOFD of two years later.

 

They apparently updated the current balance on the account.  That is not reporting of an updated DOFD.  While the reporting of the updated balance may have occured at the same time the expected exclusion date was changed, that does not mean that the OC actually reported a change in the DOFD.  CRAs generate expected exclusion dates, they are not "reported" by the creditor.

 

One needs conclusive evidence that they actually reported an updated DOFD, and that the update is inaccurate, in order to support a dispute.

 

Unless the CR clearly states the DOFD, one would need to get the actual DOFD reported to the CRA in order to assert a violation of FCRA 623(a)(5), which controls the reporting of a DOFD.  That can be done by way of a request under FCRA 609(a)(1).

 

If a dispute is filed regarding the accuracy of the reported DOFD that is supported by documentation of actual DOFD, the issue on dipute would be the correction of that reporting, not of the CO. 

 

The CRA, under their reinvestigation of accuracy, will reinvestigate  the accuracy of that date. 

I dont see deletion of a DOFD as a possible outcome, as that would leave the file with no DOFD upon which they can determine the max statutory exclusion date. 

If the CRA determines either that the new reporting is inaccurate or that they did not report a new DOFD, then the resolution would be acceptance of what the consumer asserts in the dispute.... use of the prior DOFD.

 

I dont see that the issue is ripe for establishing a clear, improper reaging of a reported DOFD.