Re: What to do now? EQ cannot tell me DOFD
10-13-2012 04:50 PM
Any party, once have reported either a charge-off or collection to a CRA, has a statutory requirement to provide the DOFD to the CRA within 90 days after that reporting. FCRA 623(a)(5). That applies to any party, be they the OC or a debt collector. Section 623(a)(5) sets forth specific procedures for a debt collector to obtain the OC account DOFD.
The CRA is required, if you send them a formal request under FCRA 609(a)(1) along with proper identification and payment of the current fee of $11.00, to disclose to the consumer "all information in their credit file at the time of the request."
There could be two reasons why the CRA could not provide the DOFD.
First, the debt collector did not comply with their statutory obligation to provide the DOFD on the OC account to the CRA. The debt collector would then be in violation of statute.
Second, it is in your file, yet the CRA doesnt want to take the time to provide it informally. In that event, send them a formal request under section 609(a)(1), to which they have their own statutory obligation to comply.
I will be sending this to EQ. I note on TU and EX the account is listed with a different creditor, otherwise everything is the same. I believe they are all duplicates of a prior student loan as I did not attend school nor take out any loans after 1997. This is my last derogatory and I refuse to pay because I know it's not mine. I have requested that the loan services provide all promissory notes through them. To date they have not forwarded this information. I really think I may need to get an attorney for this one.
Starting Score: 644 EQ 548 EX 567 TU
Current Score: 644 EQ 665 EX (12/25/12 lender pull) 635 (Walmart 1/3/13) TU
Goal Score: 760
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