DOFD for OC and CA should be same, correct?

[Anonymous]

Spouse has a CA for an old HSBC acct. HSBC was reporting on TU with Last Activity/DOFD date of 6/09. Dropped off TU on June 1. CA for this is only reporting on EX. EX says will drop off 10/16.

Don't they have to be the same?

[gdale6]

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@Anonymous wrote:
Spouse has a CA for an old HSBC acct. HSBC was reporting on TU with Last Activity/DOFD date of 6/09. Dropped off TU on June 1. CA for this is only reporting on EX. EX says will drop off 10/16.

Don't they have to be the same?

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Yes the DoFD is a set in stone date and it must be reported to the CRA within 90 days of a CO or CA reporting.

[Anonymous]

That's what I thought. EX was not willing to do EE over the phone so we will dispute with that TU data. Hopefully that will do the trick.

[gdale6]

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@Anonymous wrote:
That's what I thought. EX was not willing to do EE over the phone so we will dispute with that TU data. Hopefully that will do the trick.

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They are most likely not going to accept TU data. The way to go after this is to contact the OC and get the actual CO date and if its wrong then I would do a direct dispute with the OC requesting that the account be updated with correct info, this close to drop off they may just decide to remove the account.

[Anonymous]

Trying to clarify your suggestion: The OC account is no longer showing on spouse's TU report and was never on EX. The CA showed up on EX just over a year ago. Should we contact the OC (HSBC) even though it's no longer reporting? Or should we contact the CA that is still reporting on EX. Also I'm pretty sure we don't have the whole account number for HSBC - who would we call and what proof would they need to provide? (Since updating the account will not show up on the TU report -- at least not that we will be able to see because it's already dropped off.)

[gdale6]

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@Anonymous wrote:
Trying to clarify your suggestion: The OC account is no longer showing on spouse's TU report and was never on EX. The CA showed up on EX just over a year ago. Should we contact the OC (HSBC) even though it's no longer reporting? Or should we contact the CA that is still reporting on EX. Also I'm pretty sure we don't have the whole account number for HSBC - who would we call and what proof would they need to provide? (Since updating the account will not show up on the TU report -- at least not that we will be able to see because it's already dropped off.)

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Okay, yes I would still call the OC to get the actual DoFD, if you can get it in writing thats even better, then you would contact the CA and request that the correct DoFD be updated to the CRA. 

One other suggestion is this, if its a paid collection then you could try to get a goodwill deletion of the account before going the disputing route.

[RonM21]

Gdale is right on this. The best case is getting a letter for documented evidence. Once you have that in hand, there really should be no issue.

[Anonymous]

Is there a contact number for HSBC where I can talk to an actual person? I don't have the account# and even with SSN can't get past the automated system. Pressing 0 does nothing. 

[RobertEG]

FCRA 623(a)(5) details the procedure to be followed by a debt collector in obtaining and reporting the DOFD.

In the current scenario, there is no reporting currently of record by the OC, and thus the debt collector is required to have attempted to contact the OC and obtain the DOFD from them.  There is no current presumption of an accurate DOFD reported by the OC, so there is no caste in stone date upon which the debt collector can/must rely.

One cannot simply assume that the debt collector did not contact the OC, or that the OC did not provide them with the currently reported date.

There is also no basis for assuming that a prior DOfd that was reported by the OC reamains as the factual DOFD.  Any prior reporting by the OC is always subject to their review and update/correction.

The proper procedure, if there is basis to contest the reported DOFD, is to follow the dispute process and place your assertion of inaccuracy of record, requring the debt collector to then conduct a reasonable investigation and provide either correction or verification.

Contacting hte OC is an option, but the FCRA places that burden on the debt collector.

I would file a dispute and get the postion of the debt collector on the record.  That is a prerequisite to any further action, such as a complaint to the CFPB or bringing civil action for lack of reaonable investigation of reported information.

[Anonymous]

Thanks to all of you for your input. We did manage to speak with a human being at HSBC who was quite helpful -- considering the information we had to go on. He had us submit a dispute directly to HSBC (via fax) with all the relevant parts of the TU and EX and said that they should be able to contact the CA to have the DoFD adjusted. I'll keep you posted.

On a side happy note -- rec'd another agreement to delete on a BBB complaint about a paid CA that had not been updated after 30 days. One more down. (Assuming it is actually deleted!)