topic Re: Last collection in Rebuilding Your Credit

Last collection

Anonymous — Sat, 13 Feb 2016 05:19:46 GMT

Okay I've gone through everything that I can think of to get this collection off my back. They absolutely refuse to do a PFD. Not what I wanted but okay. I have no problem paying it just so it's out of the one but the problem is they are reporting an incorrect DOFD. the date they are reporting is two years after the original default.

Point 1.) Before you ask.. Yes they are aware of the original date because in their validation they sent me THE ORIGINAL BILL from the OC with the due date.

Point 2.) I've disputed multiple times with the CRA. I've even submitted the paperwork which they said they couldn't accept, and it comes back verified each time.

I've even gone to the BBB which gets the typical stock response of " all information is accurate.. blah blah"

Like I said, I would be willing to pay it just so it's satisfied but I don't want it hanging around on my report for two additional years when it shouldn't be

Re: Last collection

Caldric — Sat, 13 Feb 2016 07:38:54 GMT

Pay it and let it go? I have a medical they will never do PFD ever they say we disagree on date also but they have the high ground so to speak with the paperwork. Sucks sometimes some will absolutely not do PFD or work with you. DoFD is so weird to me though seems arbirtary sometimes.

Re: Last collection

Anonymous — Sat, 13 Feb 2016 10:34:51 GMT

@Anonymous wrote:
Okay I've gone through everything that I can think of to get this collection off my back. They absolutely refuse to do a PFD. Not what I wanted but okay. I have no problem paying it just so it's out of the one but the problem is they are reporting an incorrect DOFD. the date they are reporting is two years after the original default.

Point 1.) Before you ask.. Yes they are aware of the original date because in their validation they sent me THE ORIGINAL BILL from the OC with the due date.

Point 2.) I've disputed multiple times with the CRA. I've even submitted the paperwork which they said they couldn't accept, and it comes back verified each time.

I've even gone to the BBB which gets the typical stock response of " all information is accurate.. blah blah"

Like I said, I would be willing to pay it just so it's satisfied but I don't want it hanging around on my report for two additional years when it shouldn't be

Send the CA a direct dispute asserting that they are reporting an incorrect DoFD, and that based on information they have previously provided you (the original bill) they are KNOWINGLY reporting inaccurate data, which is specifically prohibited under FCRA (look up the specific section and cite it). Inform them that this places them at risk of punitive fines by the enforcement authority - CPFB, and if their inaccurate reporting is not corrected within 30 days, all information regarding the account will be forwarded to the CFPB

Re: Last collection

Anonymous — Sat, 13 Feb 2016 13:53:33 GMT

Thanks Norman. Do you know where I can find more info on the FCRA statutes?

Re: Last collection

Anonymous — Sat, 13 Feb 2016 19:10:55 GMT

FCRA link https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-credit-reporting-act

Re: Last collection

RobertEG — Sat, 13 Feb 2016 19:27:21 GMT

FCRA 623(a)(5) defines, in detail, the procedure to be followed by a debt collector in obtaining and reporting the DOFD,

It is a multi-step process that involves, in a nutshell:

1. If the OC has ever reported the DOFD on their account, that is the statement from the horse's mouth, and the debt collector should report that same date.

2. If the OC has not reported the DOFD to a CRA (they only are required to have reported the DOFD if the previously reported a charge-off), then the debt collector must attempt to contact the OC and obtain the DOFD.

3. If the debt collector has used reasonable procedures to attempt to contact and obtain the DOFD from the OC, but that attempt has failed, then the debt collector may use their best guess of the DOFD, but in no case may report a DOFD that is later than the date they received their collection authority, as a DOFD must, by definition, precede the collection.

If the CO has never reported, and the debt collector has reported a DOFD that is not later than the date they received collection authority, it is usually not readlily apparent whether their reporting is a violation of the FCRA, as a consumer does not know what attempts, if any, were made to contact the OC.

An orginal bill from an OC may estalbish a date of delinquency, but it may not thereafter continue to be the DOFD. DOFD is not the necessarily the date of first ever delinquency with the OC. If an account is paid back into good-standing prior to referral for collection, a new DOFD would be set when a new first delinquency occurs.

Did you have a more recent chain of account delinquencies after a first ever account delinquency?

FCRA 623(a)(1) is the section of the statute that defines a violation based on reporting of knowingly inaccurate information.

Re: Last collection

Anonymous — Sat, 13 Feb 2016 20:56:27 GMT

No there were never any payments made since the account first becoming due from the OC.

Re: Last collection

RobertEG — Sat, 13 Feb 2016 21:24:42 GMT

Then I would concur with Norman that you have adequate basis for establishing a dispute of the DOFD, using that bill along with the statement that no payments were made after that bill date, and thus the account remained continuously delinquent after that date, as evidence of the actual DOFD.

If they contnue to verify, then you can either file a compaint with the CFPB, or bring your own civil action for lack of reasonable investigation of your dispute.

Re: Last collection

Anonymous — Sat, 13 Feb 2016 21:59:57 GMT

Would the CFPB complaint be filed against the CRA or the collection agency?

Re: Last collection

RobertEG — Sun, 14 Feb 2016 00:25:01 GMT

If the debt collector has reported an improper DOFD and then verifies its accuracy, a complaitn would be against the debt collector for violation of section 623(a)(5).

If the DOFD is accurate and the CRA contnues to include the collection after 7 years plus 180 days from the reported DOFD, then complaint would be against the CRA for violation of the CR exclusion requirement of FCRA 605(a)(4).

In either case, you should first dispute, and thus provide either the opportuniy to investigate and correct.

You would only involve the CFPB is they verify and your facts clearly show a violation.

Re: Last collection

Anonymous — Mon, 15 Feb 2016 01:45:50 GMT

@Anonymous wrote:
Thanks Norman. Do you know where I can find more info on the FCRA statutes?

Google is your friend. Its all on the FTC website.