Re: Reaged Account
12-02-2012 01:17 PM
The hard evidence of what has been reported as the DOFD is simple to obtain.
Under FCRA 623(a)(5), the debt collector was required to have obtained the DOFD from the OC, either by reliance on a DOFD that the OC has previously reported to the CRA, or by making personal contact with the OC, and to have reported that date to the CRA within 90 days of reporting their collection.
That reported DOFD is thus required to be of record in the consumer's credit file.
Under FCRA 609(a)(1), a consumer may obtain any information of record in their credit file simply by forwarding a request to the CRA, accompanied by proof of their identity and the required processing fee, which is currently $11.00/
If firm evidence of their reporting, and not some estimated exclusion date, cannot be found in the consumer's credit report, a simple section 609(a)(1) request will provide hard evidence of what was actually reported.