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interesting Collection Removal Problem

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RobertEG
Legendary Contributor

Re: interesting Collection Removal Problem

AndySoCal, I certainly see your position.  And I cant say explicitly  that it is incorrect.  So am not arguing with you.

 

All I can say is that I dont reach the same conclusion.

 

When a debt collector is authorized collection authority, either by way of assignment of collection authority, or sale of the debt to them, they are an authorized debt collector status under FDCPA 803(6).  They can then report a collection to your credit file, during the period they were an authorized debt collector.

The date of referral for collection is set by the reporting status code done by the OC.  Once they refer or sell the debt, the debt collector can then report to the CRA under  that authority, granted by the  OC.

The date of referral date by the OC  to the CA then becomes the date that the debt collector can thereafter  report, in my interpretation, as their date of collection under the FCRA.  That is a real, date certain.

I dont see how any subsequent termination of collection authority by an OC eletes the date of permissible credit reporting of actions they were authorized to report while they had issued legal collection authority.  I see NO provision of the FCRA that says that legimate reporting of information is precluded based on when the information was reported to a CRA. 

I see absolutely no provsion of the FCRA that prohibits reporting to a CRA of anything more than the accurate dates of the reported delinquency.  I see no prohibtions for denial of posting afer any date of derog or  delinquecy has occured.

 

 

 

 

Message 11 of 13
Andrew22
Regular Contributor

Re: interesting Collection Removal Problem

And the winner is: Andy. The tradeline was deleted after an investigation.

Message 12 of 13
AndySoCal
Valued Contributor

Re: interesting Collection Removal Problem

RobertEG,

 

I think the answer is more in the business relationship between the OC and the CA, The OC is the source of their business and the CA wants to keep that business. So if the OC asks for something to be chances are better coming from the OC than the consumer.  Providing this does not violate a contractual agreement between the the two companies.  My comments are only in regards to a debt that has been assigned not sold to the CA. 

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Message 13 of 13
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