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So basically I have the OC and 2 CA's reporting the same account. All showing balances on all 3 CR's. The OC shows that it was a CO, yet still showing a balance. I have sent DV letters, and a PFD to the OC just to see if they still own the account. If I don't hear back from them, do I then contact the CRA's? Basically just wondering what the next step is. I understand that they don't have to respond to the DV's, but I do know that 2 of them are reporting illegally.
When you have a CO, the CO can report even if the debt was sold to a CA. Now, IMO, they cannot report a balance if they sold the debt to a CA. A CA can also report at the same time if sold to them or assigned, but again the OC must show $0 and two CAs cannot report the same debt. Two DVs to the CAs was a good move and I'd just call the OC to see who owns the debt and ask them to delete while you are at it. I'd give them 30-45 days to respond (they don't have to, but they might so give them a chance). If they don't respond, then, IMO, you can dispute the older CA because they are misreporting by reporting. The older one would be evidenced by the "open date" which refers to when they took over the debt.
Thanks llecs. I still have a couple of weeks to wait, but I just wanted to know what the next step will be. What type of letter would I send to the CRA's?
For the dispute w/ regards to the duplicate CA, you'd dispute as that "duplicate account...two collection agencies are reporting the same debt" or something like that. I never had to dispute a duplicate TL like that so I'll defer to others. I did have a CO report a balance and the CA report the same. I had disputed online as duplicate and the dupe went away.
Perfect. Thanks so much. Sounds easy enough, and that should help a lot considering my report consists of 5 things, 3 of them being the same thing. Now I just wait.....
Debt is separate from balances reported, and exists with some party until paid. It is possible for no debt at all to show on your CR if neither the OC or debt collector has reported to a CRA. It is also possilbe for the debt to show under the OC account alone if only the OC has reported. If the OC has assigned the debt to a debt collector, but retains ownership, then the debt is shown under the OC account. If the debt collector then reports their collection to the CRA, what they report does not reflect ownership of the debt, but merely the amount they have been authorized to collect upon. Thus, the "debt" will appear to have been reported twice, but in fact the debt itself is reported under the OC account balance, and the amount authorized to collect is reported on the debt collector account with the CRA. If the OC has merely assigned collection of the debt, they dont update their balance to $0.
Should the OC sell the debt to the debt collector, the debt thereafter constitutes the reporting done by the debt collector, and not the OC. Since the OC no longer owns the debt, they must, in their next reporting to the CRA, update the debt balance on their account to $0. Again, the fact of the prior bookeeping CO done by the OC is not relevant to the reporting of the debt. The OC account will still show the amount of the original debt charged-off in a separate field, but the current balance must then reflect $0.
As far as two debt collectors showing collection activity in your CR, that is not per se improper. Two debt collectors cannot simultaneously be collecting on the same debt, but that does not necessarily mean that two collections cannot appear in your CR on the same debt. If a frist debt collector has their debt collection authority terminated, either by the OC, or if the debt collector owns the debt, by their sale or assingment to a second debt collector, that does not make the credit reporting that they did at the time they did have collector authority inaccurate. No provision of the FDCPA or FCRA requires a debt collector to delete their prior reporting upon termination of their collection authority. If the new debt collector then reports to a CRA, their reporting is also accurate, and can co-exist on your CR with the prior reporting done by debt collector one. I know of no basis for disputing the occurance of two collections based on the same debt. They are not "duplicate reporting." Each reflects their own, separate and legitimate activities.
Many debt collectors, upon termination of their collection authority, may choose to delete their account with the CRA, but there is no reqquirement of statute or regulation that requires them to do so. I dont see a basis for a dispute.
So basically, I'm showing $1,647.00 in debt when actually it should be only $507.00, because 3 different people (the OC and 2 CA's) are all reporting balances, and that's ok? Isn't that hurting my score badly? And there's absolutely nothing I can do about it? That doesn't hardly seem right.
@Dani62384 wrote:So basically, I'm showing $1,647.00 in debt when actually it should be only $507.00, because 3 different people (the OC and 2 CA's) are all reporting balances, and that's ok? Isn't that hurting my score badly? And there's absolutely nothing I can do about it? That doesn't hardly seem right.
No, it's not ok. Only the OC and one CA can report the same debt. The fact that both are showing a balance means the OC owns the debt. This balance from the OC could possibly be counted toward your utilization.
As for the CAs, it isn't the balance but the collection itself that hurts your score. Collections are not counted toward your utilization.
I would dispute the older one as a duplicate account.