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I have an old collection from 2006 but was paid to OC. The collection company is nasty about it and says there is no possible way EVER to remove it until the 7 years blah blah blah. The account to which it was tied has already been deleted because of DOFD. This only shows on EX everyone else has deleted. What are my rights I have disputed and actually think dates were changed.
It really depends on the relationship between the OC and CA. If I were you, I would focus on sending GW letters to the OC asking if they can get the CA to remove. You said you paid the OC, so perhaps they can help you out.
The CA could certainly delete if they chose to do so. If you have evidence that they have changed the DOFD on your report, then you would have further leverage to pressure them to remove.
Now my understanding is that it should be deleted as per the DOFD with OC because they say that doesn't matter it's when they got it and it was paid. I told the lady I thought their timeline was incorrect because I know when it all took place and all she had to go by was a screen. She told me I was rude and didn't understand anything. What is the correct time for collections and what not?
@tknkrov wrote:Now my understanding is that it should be deleted as per the DOFD with OC because they say that doesn't matter it's when they got it and it was paid. I told the lady I thought their timeline was incorrect because I know when it all took place and all she had to go by was a screen. She told me I was rude and didn't understand anything. What is the correct time for collections and what not?
Collections and charge off can report up to 7.5 years from the DoFD on the OC account that led to the collection or CO.
This CRTP (Credit Reporting Time Period) is set by federal law and cannot be legally changed by anyone. You can read this under FCRA (Fair Credit Reporting Act) 605.
From a BK years ago to:
EX - 3/11 pulled by lender- 835, EQ - 2/11-816, TU - 2/11-782
"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".
Reportings made by creditors and debt collectors relate to their own activities and are reported to the CRAs separately.
A credtior cannot compel a debt collector to delete their reporting of their legitmate collection activities, and a debt collector cannot compel a creditor to delete reporting they made based on their account with the consumer.
As was said, you can ask a creditor to contact a debt collector and request that they delete prior reporting. It is entirely up to the creditor whether or not to do this, and entirely up to the debt collector to grant the creditor's request. Being that debt collectors obviously want continued good relations with their sources of income, I would imaging that if a creditor pushed the issue, the debt collector would have more to gain than to lose by agreeing to delete. Since the primary reason a debt collector even reports to a CRA is to put collection pressure on the consumer, once the debt is paid, their prior collection reporting gains them nothing of business importance.
However, when pushing the issue of CR removal with either, be aware that you are asking them to do something that they have agreed in their reporting agrreements not to do.... to delete based on payment of the debt. They both know that such deletions are contrary to their reporting agreements, and as such might be reluctant to ask another party to take such an action.
The DOFD only pertains to the exclusion of continuance of collections and charge-offs in a consumer's credit report. It does not apply to other items reported by an OC. I dont see how the OC account was deleted based on DOFD. All that applies to an OC account with respect to DOFD is the continuance of any charge-off they reported, which must cease to be included in the consumer's CR after 7 years plus six months from the DOFD.
Deletion of a collection is simple. It is based on only one single, date-certain.... the DOFD on the OC account. Period.
It is immaterial when the debt collector received collection authority, when they reported to a CRA, or the presence or absence of any actions between the consumer and the debt collector. DOFD is based only on your first date of delinquency with the OC in the last chain of any delinquencies that occured prior to the collection.
The CRA montitors the DOFD reported to them, and is responsible for CR exclusion after 7 years plus 180 days from the DOFD. If the CRA has been provided an incorrect DOFD, then the beef is with the party who reported it. Usually, the reported DOFD is not included in most commerical credit reports, so the consumer is usually at a loss to know the specific date in their credit file, and who reported it.
You can compel the CRA to provide you the DOFD of record in your credit file by sending them a request under FCRA 609(a)(1). Until you know what date is in your credit file, it is difficult to determine who is at fault should a collection continue past the date on which you feel it should have been excluded.
I don't feel like a CA should have the right to pick and choose who they are going to help as far as removing paid collections from reports. If you do it for one, you should do it for all.
+1
That is the very reason why the CRAs have a specific policy stated in their standard credit reporting manual, and incorporated into all credit reporting agreements with those who furnish information to them, that prior reporting is NOT to be deleted based on payment of the debt.
It is to preserve the integrity of the credit reporting system, which would not be served by subjective deletions of accurately reported information.
I compelled an OC to contact the CA for a deletion. The CA refused with the "integrity of the report" line.
Tknkrov, Simply put, yes. Otherwise, how could you pay for delete. That fact is once the orginal debt fell of because of the DOFD so would the collection account. It's the DOFD that sync's the FOD not the ca's purchase date. You don't even have to write a letter for this one. Call the cb's and inform them that they are in violation of FCRA regs by allowing this to remain. Don't let them stonewall you. If they don't delete. Don't argue. Switch hats and tell them this has now become the call that informs them that you are filing in small claims court for wilful FCRA violations. Send letter detailing the call. Wait a few days. Check your report. If it's reporting, off you go to small claims. Very important-make sure you put the correct agent for process for each cb on the paperwork or it will get kicked back to you. You will be given a court date the day you file. Then take the five pages the clerk stamped and fax them to the pesky cb's. They'll fall all over themselves trying to get to the delete button. This is an easy process and can take less than a week. Good luck.