Convergent Outsourcing Re-Aging recourse. Please help.

[redshoes]

Shogun, in your opinion, what would be the best course of action here? It's already been reported to the CFPB, Convergent's replied with an excuse that's amounted to shameless ignorance/willful deceit. The OC told me they have no record of DOFD. CFPB says their investigation will take 60 days. In my reply to Convergent's reply to my complaint, I stated that if they couldn't produce a legit DOFD, I wanted it removed from my report. Should I go ahead and dispute with the bureaus at this point or should I wait until the CFPB's 60 days are up and see what the outcome is? (CFPB states that I likely will not hear from them once their investigation is done unless they require further info.) Or do you have other advice?

[redshoes]

afr4life06: I'm glad my difficulties here resonated with somebody else and may prove helpful. I will keep this thread updated as it progresses. Too many times on boards I see people come in with a problem, discuss it up to a point and then don't let the rest of the crowd know how it all resolved. I've heard good things about the CFPB route when it comes to doing things like getting old addresses removed from CRAs and Convergent DID reply to the CFPB's complaint almost immediately after they received it, which tells me that the CAs and CRAs take these guys at least somewhat seriously. I figured I'd go ahead and go straight through them.

One thing if you do choose the CFPB route. In your complaint, only include the most germane of info. I didn't realize that the as-submitted complaint would be forwarded straight to Convergent and in retrospect, I wish I'd not mentioned that they were screwing with my FICO score. That let Convergent know (or at least *think*) they had a fish on a hook. The only way I'm paying the rapscallions is via a PFD, and I heard they don't do PFDs often. If they persist with a DOFD they seem to have pulled from their colons, I'll file complaints until it's corrected or until it ages off (which is roughly two years, depending on the DOFD you believe — the true DOFD would likely be five years ago last month). And at that point, they're not gonna see my money anyway.

[RobertEG]

A debt collector is obligated to report the DOFD on the OC account within 90 days of reporting of their collection.

In meeting that requirement, FCRA 623(a)(5) requires that they take reasonable procedures to obtain the DOFD from the OC.

In the event that they cannot obtain the DOFD from the OC, they are entitled to report their best estimate of DOFD, but in no case can they report a DOFD that is later than the date they received their collection authority.  FCRA 623(a)(5)(B)(iii).

The FCRA thus does not require a firm establishment of the actual DOFD in such cases. It requires reporting of a DOFD, and specifically provides for situations where an actual DOFD cannot be obtained from the OC.

[redshoes]

From Convergent's reply to the CFPB: "We found that the last payment received on the account was on 09/03/08. Our client listed this account for pre-collections in our office on 12/14/08 with a balance of $228.94. On 12/18/08 we sent you a validation letter to the address on file. [phone company] assessed fees and an ETF charge to the balance on 12/29/08, the first date of delinquency. The account was canceled in our office by our client and charged off on 01/26/09. [phone dompany] then relisted the charged off account in our office on 06/04/13 with a balance of $XXX.XX."

Robert, so by what you're saying, they're within their rights to list the charge-off date as the DOFD? Or am I missing something?

[Rkalynsmith]

**UPDATE** Still waiting on EQ to finish there investigation which I filed on Oct.15.......However I filed one with EX on Oct 31 and received an email today saying it has been deleted off my CR. Yay!

[redshoes]

Fantastic, Rkalynsmith! I need to correct some address stuff on my CRs anyway. I may as well go ahead and file disputes as well. Attacking from multiple angles can't hurt, right?

[Rkalynsmith]

It did me justice LOL Keep me posted! 

[Anonymous]

---

@redshoes wrote:

From Convergent's reply to the CFPB: "We found that the last payment received on the account was on 09/03/08. Our client listed this account for pre-collections in our office on 12/14/08 with a balance of $228.94. On 12/18/08 we sent you a validation letter to the address on file. [phone company] assessed fees and an ETF charge to the balance on 12/29/08, the first date of delinquency. The account was canceled in our office by our client and charged off on 01/26/09. [phone dompany] then relisted the charged off account in our office on 06/04/13 with a balance of $XXX.XX."

Robert, so by what you're saying, they're within their rights to list the charge-off date as the DOFD? Or am I missing something?

---

If the CA comes up with the DoFD because the OC hasn't provided it, it must be a date before it was assigned to them. 

[Rkalynsmith]

**UPDATE** EQ just deleted Convergent Outsourcing off my credit report and my score jumped 17 points! Yay! LOL can't wait until my cap1 card starts reporting 

[redshoes]

Okay, so they date they're reporting is still illegal then. Thanks, Guinness.