Was this account re-aged? Is this illegal?

[taskforce971]

I'm not sure about this account but I've read posts stating that this happens often and it is illegal. Any insight on this? All the details are below, the first picture is when the account was initially charged-off, the second picture is a few months after I disputed this account due to billing procedures.  Please help! Thanks!

[RobertEG]

I cant view your attachments....

Improper reaging is usually used with respect to reporting of the DOFD.  Do the attachments show actual reporting of DOFD, or some other date?

[taskforce971]

I believe the first DOFD reported was 08/2011, that was when the account was 120 days past due. By that point the account had been charged off and my reports made note that from that point on the account was scheduled to continue on record until 02/2018. When I recently checked up on this account the DOFD, as noted on the report was 04/2012 and it states that the account is scheduled to continue on record until 01/2019. It is my assumption that the DOFD on this particular report is the Date of Status, the dates all match up on my EQ report as well. Any ideas at this point?

[taskforce971]

Actually, would the DOFD be the first missed payment on the account? In that case it should be 03/2011. Oddly enough, this account shows several changes on the different reports I have pulled. The original amount of the loan has changed, the month it was first reported has changed, and of course the other issue I mentioned above.

[pizzadude]

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@taskforce971 wrote:

Actually, would the DOFD be the first missed payment on the account? In that case it should be 03/2011. Oddly enough, this account shows several changes on the different reports I have pulled. The original amount of the loan has changed, the month it was first reported has changed, and of course the other issue I mentioned above.

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Yes, the DOFD is the first time you became late ( without ever becoming current again ) prior to being charged off.

[taskforce971]

Okay so this means the DOFD is 03/2011. After this I didn't make any payments on the account but they are reporting a payment on 07/2011. Keep in mind that when I compared the two reports from EX, one from 12/11 and the newest one 06/12 they show different dates as far as when the account would fall off. Any ideas?

[RobertEG]

If you want the actual DOFD that was reported, then you can send a request to the CRA under the provisions of FCRA 609(a)(1), along with the processing fee of $11.00.

That will eliminate any confusion of whether a date was actually reported as a DOFD.

If they reported a DOFD that is later than the date of the charge-off, that is a clear violation of FCRA 623(a)(5)(B)(iii), which stipulates that a reported DOFD cannot be later than the date the account was charged-off or placed for collection.  That is the latest possible DOFD that can be reported.

[pizzadude]

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@taskforce971 wrote:

Okay so this means the DOFD is 03/2011. After this I didn't make any payments on the account but they are reporting a payment on 07/2011. Keep in mind that when I compared the two reports from EX, one from 12/11 and the newest one 06/12 they show different dates as far as when the account would fall off. Any ideas?

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Have you paid this account yet ? If not, I would focus on trying to negotiate a PFD or getting them to remove lates. The DOFD isn't really going to make much of a difference at this point since there are at least 6 more years before the CRTP is expired.

[taskforce971]

I haven't paid this account yet. I've tried the PFD route several times but this company is just unwilling to work with anyone. They hit me with the same story every time, "we legally can't remove it..blah blah blah."