challenging entries on credit reports

[Anonymous]

We have ten separate collection accounts for frozen embryo with a doctor whom we haven't seen in over 16 years, yet they keep adding charges every six months.  We just learned of this about two months ago.  The doctor's office cannot provide me with written documentation substantiating our authorization of these charges over the years.  I wrote to the three credit agencies and explained the situation, asking for proof that we do owe this money.  I just got a letter back from one of the collection agencies stating that they confirmed that we do, in deed, owe the money.  They won't prove it though.  How can we get the credit reporting agencies to listen and understand our side? I wrote a letter, and they didn't treat it individually.  Do we need to go through an attorney to get it properly removed?  i would greatly appreciate advice anyone can offer.  Thank you!

[RobertEG]

The collection agency can continue to attempt collection of the debt forever, so their actions are not, in and of themselves, improper.

They can assert, request, and report to the CRAs until the cows come home.  From your post, it appears that you have the following on your side.

First, since the debt is so old, it appears to have passed two significant dates.  The first date is the actual date that you first went delinquent on the OC account, and never therafter brought the account back into good standing.  That date is called your DOFD.  Once a period of 7 years plus 180 days has passed since that DOFD, the CRA is prohibited from including any reporting of the collection in your CR.  So I am kinda puzzled as to how or why these old collections are still in your CR.  Simply determine the DOFD that occured on the OC account, and file a complaint with the CRA for their violation of FCRA 605(a)(4) and 605(c) if it is still being included and its date of exclusion has passed.

The second date is the expiration, under your state law, of the statute of limitations on the type of debt they are asserting.  Once again the merits of obligation for the debt is not at issue.  IF the SOL has expired, the debt is legally no longer owed.  Any legal action on their part can be defended by simply showing that its SOL has expired.

You can legally require them to have no further communications with you, and be rid of them.  You do this by simply sending them a cease further communications letter under the provisions of FDCPA 805(c).  If they continue to communicate with you in any manner after their receipt of your cease communications letter, that is a violation of FDCPA 805(c), and would subject them to legal action on your part.

[Anonymous]

Thank you so very much.  Let me clarify a bit.  These are frozen embryo that have been in storage for over 18 years.  We have not seen the doctor in over 16 years.  They continue to store the embryo and rebill every six months (approximately).  I agree with you on the statute of limitations, especially considering they cannot provide evidence of such document wherein we agreed to pay for the embryo indefinitely.  As you can imagine, aside from deciding what to morally do with the embryo, our biggest concern is how best to get this off our credit.  So we need to hire legal council?  The credit reporting agencies won't demand proof on our behalf?

thank you again for your time!  i so very much appreciate it.

[Booner72]

Have you been paying storage fees every six months for all these years, or you just get a bill every six months?

[Anonymous]

Yes.  Again, we don't have any documentation to substantiate this.  They are charging us ever approximately six months.  Currently, we are holding off on making a decision on what to do until we know whether we, in fact, owe them the money....hoping they may work with us if we actually owe it.  But if we can get it wiped off, that is our first choice.

thank you!

[Booner72]

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@Anonymous wrote:

Yes.  Again, we don't have any documentation to substantiate this.  They are charging us ever approximately six months.  Currently, we are holding off on making a decision on what to do until we know whether we, in fact, owe them the money....hoping they may work with us if we actually owe it.  But if we can get it wiped off, that is our first choice.

thank you!

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Sorry I wasn't clear - When did you last make a payment?  I ask bc sometimes making a payment can re-set the SOL (So I've read). 

[Anonymous]

Over 15 years.  It blindsided us recently. 

[mtrsprt]

Tell them to smash the embryo.  You obviosly don't need it anymore.  At least they can't keep increasing your charges.......

[RobertEG]

The age of the business relationship is not the issue.  The issue is the date they assert you first became delinquent on your contract.  Apparently, you dont have that specific date.

You need to first determine the DOFD that has been reported to your credit file, and the name of the party who reported it.  That date evidences when the creditor asserts that delinquency in payment began.

Since the debt collector has reported to a CRA, they are required to have reported the date of first delinquency on the OC account to the CRA within 90 days of their reporting of the collection.  FCRA 623(a)(5)(A). 

The convoluted process for ensuring that the DOFD is within your credit file within 90 days after a charge off or collection is absolutely necessary, as the CRA needs that date to calculate your CR exclusion date under section 605(a)(4).  Collections have a CR exclusion date of 7 years plus 180 days from the reported DOFD.  FCRA 623(a)(5) outlines that procedure.

In situations where the OC has not reported a DOFD to the CRA, which is apparently your situation,  section 623(a)(5)(B)(ii) mandates that the debt collector first follow reasonable procedures to contact the OC and get your DOFD from them.  The OC has the records of that date, not the debt collector.  They are then bound to report that DOFD to the CRA.

However, it becomes dicy if the debt collector, after having asserted to have followed reasonable procedures, could not obtain the DOFD from the OC. Then the provisions of section 623(a)(5)(B)(ii) kick in.  As only congress is permitted to do, they then allow the debt collector to report a DOFD of their selection, with the only restriction being that the date they report must at least precede the date they were referred collection authority.

Regardless of the method employed, the debt collector must have provided a DOFD to the CRA within 90 days.  YOu need to know that date.

You can obtain it simply by sending the CRA a request under FCRA 609(a)(1) requesting the DOFD that has been reported to them.  Clearly identify it as the "FCRA Compliance Date/Date of First Delinquency," and further identify it as the date they reported in compliance with  FCRA 623(a)(5).  That identifies the information you want.  Then, additionally include under the provision of section 609(a)(2) that they additionally provide the name of the party who reported the DOFD to them.

Requests under section 609(a)(1) and (2) require submission of a processing fee, payable to the CRA, in the current amount of $11.00, along with a copy of prooof of your identity.

Until you have that date, you dont know where the debt collector thinks you stand, and you, of course, dont know where you stand.  That DOFD will certainly control your CR exclsuion date, and additionally under most state SOL statutes will also probably establish at least your intitial date of running of the SOL on the debt.  It will also provide you, if you disagree with the date reported, the specific date upon which to base any dispute over its accuracy.  "Ironically, the earlier the asserted DOFD, the better it is for you.

Dont guess, get the facts.

[Anonymous]

Robert,

You're so very helpful.  Thank you for your time and effort.  I will absolutely follow up today with your recommendations!

You're the best!!!!!!!