Isn't this illegal

[Anonymous]

Thanks again! I have seached but cannot find the thread you mentioned. Could you post the link, if possible.

[suebee123]

I would if I could but don't know how to do that...LOL!  Can you use the search button above and type suebee123 and user and then search?

You may find the link thru my postings to it.

[MarineVietVet]

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@Anonymous wrote:

Thanks again! I have seached but cannot find the thread you mentioned. Could you post the link, if possible.

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Here is the link: Citi card paid off and now reporting wrong.

[Anonymous]

Thank you.

[RobertEG]

Back to square one.....

How did the creditor report a collection?

Creditors are not debt collectors, and dont report collections.

They can report that they have placed or referred an account for collection, but it is not a collection per se until one is reported by a debt collector.

As for DOFD, a DOFD is defined, by statute (FCRA605(c) and FCRA 623(a)(5)) as being based on a "commencement of delinquency."

If there was no reported delinquency, and you feel you were never delinquent, then I would dispute their reporting of a DOFD on the account, regardless of the date they reported, as being a violation of FCRA 623(a)(5), which covers the requirements for reporting of a DOFD.  No delinquency = no DOFD.

Reporting of DOFD is regulated by FCRA 623(a)(5), which should be your statutory basis for any issues relating to inaccurate reporting of a DOFD.

There are two relevant issues in your post.  The first is whether or not there even is/was a DOFD to report, and the second is, if so, what is the date of commencement of the delinquency that occured immediately prior to their reported "collection."

I would refrain from using the term "re-aging."  It does not look as if they have re-aged any prior reporting, but rather have mis-reported DOFD as it is defined in the statute.

[Anonymous]

Can someone please tell me what to do next. Sears will not change the new reporting that they added to my CR (Collection paid). They say the law change and all their account that were in a DMP will be assigned a paid collection once the account is paid in full. But this contradicts the agreement they accepted on 2/21/2010, when I entered into the DMP. The agreement states that they agreed to lower the interest rates, brought the account current and accept the negotiated payment that I paid until account was paid in full last month. All this time they were reporting paid as agreed. 

I am hoping one of the folk who had this collection/CO removed from their bureau files, help me out and let me know.

1. when you file complaint with BBB, who you list as the company, Sears or Citi?

2. Provide a point of contact to the presidential office. i could not find this contact.

[RobertEG]

The FCRA assigns administrative enforcement to the FTC, so filing a complaint with them is the prescribed first step.

Your BBB can send nasty-grams, but has no actual, legal enforecement power.  Your state AG may choose to intervene, so that is another avenue.

Unfortunately, the FTC does not carry its statutory enforcement authority to the step of taking legal action on individual consumer complaints, for many reasons.

Administrative enforecement, regardless of the source, cannot compel legal discovery of contested facts.

Thus, to get the issues before a party authorized both to compel discovery of facts and reach their own decision as to what the evidence supports, one needs to get the issue into a court.

Final avenue is to bring civil action for violation of the FCRA.  Whether or not something is "illegal" is the sole perview of the courts.

[Anonymous]

Well, my letter to the BBB on this matter has prompted  the Executive team department to look into and address the problem I had with Sears. They are now reporting a paid as agreed.

[AndySoCal]

I see the account has been closed. Could the DMP as part of  getting lower payment amount agreed to the have account closed?  Call Sears and ask them why thye are considering this a collection account.

[Anonymous]

Sounds like BBB solved this.  Yeah BBB