DOFD is wrong. Help me.

Anonymous · ‎08-31-2015

In February 2009, I opened a credit card through Orchard Bank. I never made one payment. The account was charged off April 2009.

I was able to delete the tradeline early through Equifax. It just fell off last week. After calling numerous times, I submitted an online dispute and listed as "too old."

Experian, this is listed as a positive tradeline for some strange reason. I disputed in May and it was updated positive. I have since left that one alone.

TransUnion, I sucessfully had it deleted early, the beginning of August. It no longer appears. A collection agency purchased the debt in 2014 and is only reporting to TransUnion. I HATE THIS COLLECTION AGENCY. I have filed a compaint with the BBB (which they ignored because they are not accredited), CFPB (my complaint was closed as the response I received said:

"We reviewed your complaint and couldn’t send it to the company for a response. This could be because the company is not yet registered to respond to complaints or because we do not currently handle complaints related to this matter."

I also filed a complaint with the Attorney General's office. I have disputed with TransUnion 4 times. Each time, the collection agency calls and will leave condescending, rude, arrogant, threatening and I'm sure illegal voice mails. I have never received anything in the mail from the CA. The dispute is verified each and every time. The CA is reporting the wrong DOFD in an attempt to keep it on my credit report longer. They are reporting an extra year making the removal date 2/2017. TransUnion is of no help. I have talked to them about 25 times, a supervisor in the US ... everyone says the same thing: it is verified. It is wrong. I have provided an older credit report from July (before the original creditor, Orchard was deleted) showing the DOFD on the ORIGINAL debt. How can this not be proof?

What should be my next step? I am so frustrated. The collection agency REFUSES to update the information. They have left voice mails claiming that they will not remove it from my credit report and the dates are correct. Really nasty voice mails. My first call to the collection agency, I stated the DOFD is incorrect. I got hung up on. They are scum.

Do I request a MOV with the CRA?

Do I submit a direct dispute with the CA?

Do I file complaint against TransUnion?

Help me please. This is my last baddie.

RobertEG · ‎08-31-2015

In my opinion, the correct step would now be to bring civil action against the debt collector for improper reporting of the DOFD.

If you file a dispute via a CRA, they are required to refer to the furnisher of the disputed information (in this case, the debt collector) for theri investigation and response.

The issue is whether the debt collector did a proper investigation and whehter that investigation supported the accuracy of the reported DOFD.

The procedure to be followed by a debt collector in obtaining and reporting the DOFD is set out in detail in FCRA 623(a)(5).

Step 1 is that if the OC has previsously reported the DOFD to a CRA, the debt collector shouls use and report that same date.

Since you apparently have evidence of the DOFD reported by the OC, that is prima facie evidence of the DOFD, and if the debt collector did report that date, they would be in compliance without any need to contact the OC and atteempt to obtain the DOFD.

However, that does not determine the definitive DOFD if the debt collector DID contact the OC and obtained a different DOFD. They would still be in compliance with section 623(a)(5) if that were the case. Neither yu nor the CRA knows for a fact whether the debt collector contacted the OC, and if so, what DOFD they were provided.

The dispute processes under the FCRA do not require the furnisher to provide all their supporting documentation, so the dispute procecess under the FCRA is concluded.

A direct dispute would not now be proper, as a direct dispute that is substantially the same as a dispute that has resolved via a dispute through a CRA is exempted from the direct dispute process, and can be dismissed without any investigation.

A requst for disclosure of their method of investigation requires only that the CRA disclose who they contacted in handlng of the dispute. They obviously contacted the debt collector so that is not apt to resolve the factual verification.

You should, in my opinion, either file a renewed complaint with the CFPB, or more appropriately, bring civil action and get a finding of facts by a judge.

Anonymous · ‎09-01-2015

@Anonymous wrote:
In February 2009, I opened a credit card through Orchard Bank. I never made one payment. The account was charged off April 2009.

I was able to delete the tradeline early through Equifax. It just fell off last week. After calling numerous times, I submitted an online dispute and listed as "too old."

Experian, this is listed as a positive tradeline for some strange reason. I disputed in May and it was updated positive. I have since left that one alone.

TransUnion, I sucessfully had it deleted early, the beginning of August. It no longer appears. A collection agency purchased the debt in 2014 and is only reporting to TransUnion. I HATE THIS COLLECTION AGENCY. I have filed a compaint with the BBB (which they ignored because they are not accredited), CFPB (my complaint was closed as the response I received said:

"We reviewed your complaint and couldn’t send it to the company for a response. This could be because the company is not yet registered to respond to complaints or because we do not currently handle complaints related to this matter."

I also filed a complaint with the Attorney General's office. I have disputed with TransUnion 4 times. Each time, the collection agency calls and will leave condescending, rude, arrogant, threatening and I'm sure illegal voice mails. I have never received anything in the mail from the CA. The dispute is verified each and every time. The CA is reporting the wrong DOFD in an attempt to keep it on my credit report longer. They are reporting an extra year making the removal date 2/2017. TransUnion is of no help. I have talked to them about 25 times, a supervisor in the US ... everyone says the same thing: it is verified. It is wrong. I have provided an older credit report from July (before the original creditor, Orchard was deleted) showing the DOFD on the ORIGINAL debt. How can this not be proof?

What should be my next step? I am so frustrated. The collection agency REFUSES to update the information. They have left voice mails claiming that they will not remove it from my credit report and the dates are correct. Really nasty voice mails. My first call to the collection agency, I stated the DOFD is incorrect. I got hung up on. They are scum.

Do I request a MOV with the CRA?
Do I submit a direct dispute with the CA?
Do I file complaint against TransUnion?

Help me please. This is my last baddie.

I agree with Robert - Get a lawyer. Record ALL calls to and from them. Go to consumeradvocates.org to find a consumer attorney to help you out.

Anonymous · ‎10-01-2015

Thank you! I wanted to let you know that I hired a consumer attorney.

Also, I sent a certified letter last month to TransUnion requesting the DOFD/compliance date. They cashed my check, however, did not provide the information. How long does TransUnion have to send this to me?

Anonymous · ‎10-03-2015

Update**

I called TransUnion as they have not provided me with the information I requested, even though they cashed my check. Although no where in my letter did I say I was disputing, they opened a dispute anyway and forwarded it to the junk debt buyer, in which it was validated AGAIN. They clearly did not read my certified letter. I am firing off another complaint to CFPB regarding TransUnion for this issue alone. I requested the DOFD/compliance date on file with TRANSUNION as I could show actual proof the wrong DOFD was reported! Called and spoke with Special Handling. I was told that although I provided proof of the wrong DOFD and the representative could see from all of my disputes and documentation provided that they are illegally changing the date, she was not authorized to correct it or delete it. It is scheduled to fall off 2/2016 - which we know if this were correct, I could request early deletion. The JDB reported an extra year, so it says it should fall off 2/2017.

I advised TransUnion the collection agency/JDB is unreliable and verifying incorrect information. I asked the method of verification. E-OSCAR. She said by law the JDB/CA has to tell the truth. It really is so disappointing speaking to anyone at TransUnion.

I was told that I would need to hire an attorney to enforce the collection agency to update the report or delete it. Until they do this, there is nothing that can be done. My first complaint to the CFPB, TransUnion responded with:

"TransUnion reviews and considers all relevant information you provide, and WE EITHER WILL MAKE CHANGES TO OUR REPORT BASED ON THE INFORMATION YOU PROVIDE, or we will investigate your dispute by contacting the source of the information."

Isn't that confirming that they do have the authority to correct a wrong DOFD? I feel so hopeless and helpless. I need this off my credit report and the attorney is dragging his feet.

Another thing is the JDB is now updating every month. They have revised the balance owed from $1000 to $1800. How can this be if they purchased the debt in February 2014? This was a $300 credit card from 2009. I really want to take this JDB down. They have no proof or documentation, I am sure. I know this because this was an HSBC Orchard Bank credit card. It was written off and sold to Capital One. I have personally called about 10 times and there is no record of my file. If I cannot get a statement from HSBC, how can the JDB honestly have the back-up to prove I owe it?

I never received a dunning notice/letter from the JDB. I did a google search and this appears to be their pattern. They went by another name, FTC shut them down, now they are operating under a different name - same owners. They are true POS!!

My last resort is to send a 623 direct dispute to the JDB, providing the documentation that the DOFD is wrong. They can update the DOFD, then I will ask for early deletion. If they do not respond, I am sure that makes for better paper trail. I will inform the CRA they did not respond to my dispute. If they verify, I will send a copy to the CFPB and FTC and anyone else who I can showing that they are willfully verifying incorrect information. Before the JDB can dismiss the dispute as frivolous, I am including that I never received a dunning notice, I am also requesting an itemized break down including interest/fees as I am disputing the amount.

If they ignore me, I send it to TransUnion that there was no response. If there is a response, clearly they must address the items I am disputing. Am I right or wrong?

With the help from an attorney, I do believe this will be resolved, however, I don't know when that will happen. I need it off NOW. I am really at a loss here of what to do.

Do I have any rights I can exercise?

RobertEG · ‎10-03-2015

You have disputed via the CRA.

The direct dispute regulations (see 16 CFR 660.4 et seq) specifically permit the furnisher to dismiss without investigation any direct dispute that is substtantailly the same as a prior dispute that was filed through a CRA.

Thus, if you now file a direct dispute, make sure it includes new information not previously provided to the CRA, as the direct dispute rules stipulate that a dispute is not substantially the same if it provides new information.

However, it would not expect any different outcome other than repeated verification of accuracy.

If they continue to verify and you feel the facts clearly contradict their verification on their face, and thus there is a blatant violation of the direct disptue process and of mistreporting a DOFD, then you can file a complaint with the CFPB.

The other option remains the initiation of legal action, which would permit compelling them to provide relevant documentation thru the pre-trial discovery process that you do not now have and cannot compel the production of under the admisitrative FCRA dispute processes.

Anonymous · ‎10-03-2015

Hi Robert, thank you! I was hoping you would respond.

It is fact the wrong DOFD is being reported. They pulled it out of thin air. The original creditor was reporting to all three bureaus and I have documentation that the DOFD is in fact 2009, not 2010. This is clear and evident on all credit reports and notices I received from the OC. Plus, I never made a payment. Not once.

I would pay $300 to settle the amount, however, I will not pay $2000. Ridiculous. Also, the first time I called the JDB to inform them that I had never received a phone call or dunning notice, they threatened me and hung up. I know it will take an attorney to bring them down. I brought the DOFD issue to their attention and they dismissed it saying that they were going to sue me and I am a liar. I wish you could hear the condescending voice mails they leave. It really is insane.

Here is the thing. I have all of the documentation. They don't. I have everything from the OC. I was requesting something recent from the OC like a dated statement of account or letter that would prove when the account was opened and when it became delinquent to once and for all prove the DOFD. I do not want to provide too much documentation to the JDB as that would be admitting to the debt. I am basically try to say, "yes I had an HSBC account, however, it was defaulted a year before your records ... so if you think I owe that amount, provide proof." If not, delete it. They are really not providing anything. Just hiding behind the CRA automatic verification process. They have no proof. It would be an illegal documentation if they had proof of a later DOFD. That would also mean that the OC and all three CRA's had the wrong information.

I began clearing up my credit report a few months ago and the few baddies that were listed, were all removed. The CA and JDB have actually been helpful if they know they are going to get a payment. Especially on such old debt. For some reason, this one is challenging me. I don't know why they won't just correct the date. Otherwise, I will ride out the fall off date of 2/2016 and SUE them AND TransUnion for keeping it on my credit report after 7 years.

Anonymous · ‎10-03-2015

Oh, wanted to add that I filed a complaint already against the JDB with EVERYONE. I know that p*ssed them off and that is why they are non-compliant. I filed a complaint with the CFPB, BBB, FTC, Attorney General, California Association of Collectors ... am I missing anyone? They are WILLFULLY non-compliant. This is not an oversight.

I also filed a complaint against TransUnion with the CFPB and they responded. I will be filing another.

RobertEG · ‎10-03-2015

Then you now need concurrrence by a party authorized to make a binding decision.

The CFPB might agree with you, and may even state as such to the debt colelctor, but most lkely is not going to take civil action on your behalf.

They dont wear the black robes.

The direct and binding path is to bring civil action for their violaltions, and get an independent and enforceable decision.

Anonymous · ‎10-03-2015

Tonight I listened to each voice mail left by the JDB and I compiled a list of FDCPA violations.

Can these be reported to the FTC/CFPB and can I file suit or is it either or? I am not going to send an ITS letter. I'd much rather they get the CFPB complaint listing the violations and then be served.

Also, in several messages, the collector tells me that he has my dispute from TransUnion on his desk and if I pay it by the balance by end of the day, it will be deleted within 5 business days from TransUnion. If he does not hear back from me, he will verify it as correct. He says that even if the DOFD is incorrect, it is irrelevent because they are within the legal reporting period. They have until 2/2016. Is this a violation? They KNOW the DOFD is incorrect and they refuse to correct it.

I think the best violation is how many times they threatened to file suit and get a judgment. The debt is almost 7 years old.