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Charge Off makes a reappearance :(

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RobertEG
Legendary Contributor

Re: Charge Off makes a reappearance :(

Have you called the creditor and discusssed with a supervisor?

The fact that they reported the DOFD as being the same as the "delinquency first reported" looks suspiciously like a simple misunderstandting of DOFD on the part of the employee who reported the DOFD when they reinstituted reporting.

I would suspect that an informal resolution would be likely......

Message 11 of 22
House2021
Established Contributor

Re: Charge Off makes a reappearance :(

Birdman7 with the BBB I filed a complaint because a local credit union was reporting a charge off as $8000ish meanwhile the collection agency assigned to it was reporting $15000ish, I disputed it and overnight the CU increased it to $14,000ish. I pulled up statements and it had a statement and a year end statements showing no interest and that $8000ish was filed, I filed BBB complaint and the CU pulled the collection and deleted the CO without me paying a penny. Then as a result of all my other disputes, one collection agency sent me paperwork that clearly showed that the debt was for $1974 but they were reporting $2000ish, I filed BBB dispute and said I wanted it deleted or the $1000 penalty for verifying inaccurate info with the Credit bureaus, they deleted it. I filed a dispute against Another collection agency stating they sent no proof, they deleted one out of five as a courtesy ($2400 - the highest balance of all 5 collections) I disputed another credit union account that was showing an $8000 balance and they assigned it to a CA charging $15,000ish despite the CU validating debt owed as $8000, well they pulled the collection  causing the collection to be deleted, so in total this is what was deleted without any payment:

$14,000 CU charge off, $15,000 CA (same account, both reporting)

$15,000 CU collection

$2400 collection 

$2000collection 

Message 12 of 22
Anonymous
Not applicable

Re: Charge Off makes a reappearance :(

Impressive.
Message 13 of 22
myquestionsfico
Regular Contributor

Re: Charge Off makes a reappearance :(

I have not.  I don't want to poke the bear and have them chasing me about the debt.

Message 14 of 22
myquestionsfico
Regular Contributor

Re: Charge Off makes a reappearance :(

So I disputed and sent in the documentation (older credit reports showing the earlier DOFD).

 

SO NOW, they did it to a 2nd charge off of mine, same OC.  The original DOFD they were reporting for years was 6/1/2014....but it had dropped off my credit report at some point.  It's back, with a vengeance, and a new DOFD of 1/1/2015.  I could just scream.  So now, I've done the same as the first and disputed THAT ONE (with old credit report documentation). 

Message 15 of 22
8in2years
Regular Contributor

Re: Charge Off makes a reappearance :(

You are right, filing complaint ( with BBB or other agencies) do work. Many just do not know about them, they are there to help the consumer.

Message 16 of 22
8in2years
Regular Contributor

Re: Charge Off makes a reappearance :(

Yes, it is illegal for them to verify inaccurate information according to 

15 U.S. Code § 1681n - Civil liability for willful noncompliance

(a)In generalAny person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of—

(1)
(A)
any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or
(b)Civil liability for knowing noncompliance
Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater.

Message 17 of 22
8in2years
Regular Contributor

Re: Charge Off makes a reappearance :(

Credit reporting agencies have to have your consent to report these accounts, addresses ,inquiries , every piece of information on your credit report. Did you give TU, EX + EQ written instruction to furnish your information? If the answer "no"? Then Tu, EX  + Eq are all in violation of the law. You have rights as a consumer. Use these codes to your advantage.

 

Look the 4  codes up(on google) I have provided below.

##(1)

15 U.S. Code § 1602 -(p)

##(2

15 U.S. Code § 1643 (E)

##(3

15 U.S. Code § 1681b - Permissible purposes of consumer reports
(2)
In accordance with the written instructions of the consumer to whom it relates

#4

15 U.S. Code § 1681n - Civil liability for willful noncompliance

(a)In generalAny person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of—

(1)
(A)
any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or
(b)Civil liability for knowing noncompliance
Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater.

Message 18 of 22
Anonymous
Not applicable

Re: Charge Off makes a reappearance :(


@8in2years wrote:

Credit reporting agencies have to have your consent to report these accounts, addresses ,inquiries , every piece of information on your credit report. Did you give TU, EX + EQ written instruction to furnish your information? If the answer "no"? Then Tu, EX  + Eq are all in violation of the law. You have rights as a consumer. Use these codes to your advantage.

 

Look the 4  codes up(on google) I have provided below.

##(1)

15 U.S. Code § 1602 -(p)

##(2

15 U.S. Code § 1643 (E)

##(3

15 U.S. Code § 1681b - Permissible purposes of consumer reports
(2)
In accordance with the written instructions of the consumer to whom it relates

#4

15 U.S. Code § 1681n - Civil liability for willful noncompliance

(a)In generalAny person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of—

(1)
(A)
any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or
(b)Civil liability for knowing noncompliance
Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater.


@8in2years The law you cited allows the credit bureaus to report the accounts without our consent. You might want to read that. 

Message 19 of 22
8in2years
Regular Contributor

Re: Charge Off makes a reappearance :(

Which specific code are you referring to ? When you said 

"The law you cited allows the credit bureaus to report the accounts without our consent. You might want to read that. "

 

I know this specific code 15 U.S. Code § 1681b - Permissible purposes of consumer reports states

(a)In general Subject to subsection (c), any consumer reporting agency may furnish a consumer report under the following circumstances and no other:

(1)
In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury.
(2)
In accordance with the written instructions of the consumer to whom it relates. <<<<<---------the majority of us have not given written instructions to the consumer reporting agencies.

Message 20 of 22
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