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So...the OC is chase and has DOFD listed as 9/2007. The collection agency that bought this debt has the DOFD as 2/2008! What do I do? Dispute with cRa? I'd really like to pfd this, but they said no originally. Will this give me some leverage?
@jzsnow wrote:So...the OC is chase and has DOFD listed as 9/2007. The collection agency that bought this debt has the DOFD as 2/2008! What do I do? Dispute with cRa? I'd really like to pfd this, but they said no originally. Will this give me some leverage?
Well, where are you getting these DOFDs from, just curious?
-scott
From my equitax credit report.
@jzsnow wrote:From my equitax credit report.
Well, RobertEG is the master with these sorts of scenerios... I hope he comes in and corrects me if I am wrong..
I believe that reporting of DOFD is governed by FCRA 623(a)(5)...
Essentially it indicates there are a series of steps the CA must use to verify the correct DOFD.. lastly, there is a catch all that if reasonable efforts were made, they can make a best guess as the DOFD as long as its not more recent than the date the obtained rights to collect on the acocunt.
You can dispute this information, but the CA can just simply update their reporting..
Any perceived leverage only occurs if they do not correct the information, and you decide to sue. And only then is it a violation if the knowing reported the wrong DOFD and did not correct it...
-scott
@rckstrscott wrote:
@jzsnow wrote:So...the OC is chase and has DOFD listed as 9/2007. The collection agency that bought this debt has the DOFD as 2/2008! What do I do? Dispute with cRa? I'd really like to pfd this, but they said no originally. Will this give me some leverage?
Well, where are you getting these DOFDs from, just curious?
-scott
The OC is supposed to furnish the CA the DoFD when selling or assigning the debt. Sometimes they don't. The CA is supposed to make a goodwill effort to obtain the DoFD from the OC. If they can't get it they are allowed to make one up, for lack of better terms. When they do this it is usually the day they acquired the account,
@guiness56 wrote:
@rckstrscott wrote:
@jzsnow wrote:So...the OC is chase and has DOFD listed as 9/2007. The collection agency that bought this debt has the DOFD as 2/2008! What do I do? Dispute with cRa? I'd really like to pfd this, but they said no originally. Will this give me some leverage?
Well, where are you getting these DOFDs from, just curious?
-scott
The OC is supposed to furnish the CA the DoFD when selling or assigning the debt. Sometimes they don't. The CA is supposed to make a goodwill effort to obtain the DoFD from the OC. If they can't get it they are allowed to make one up, for lack of better terms. When they do this it is usually the day they acquired the account,
Thanks Guiness. That is more clear and concise than what I was driving at.
-scott
In my case, the OC does list a DOFD, as does the ca! They just are different. I was hoping to use this to get the ca to pfd.
I wouldn't dispute with the CRAs. Do a direct dispute under FCRA 623(a)(8) to the CA and specifically ask where the DoFD came from when the OC clearly shows it as 5 months earlier.
Are there sample letters for that? And, if I send that letter, can I also add a pfd?? I really just need it gone!
I would not do a dispute and request a PFD at the same time. Here is the template. If it is to the OC omit the section for the CA.
“This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), of the accuracy of information you have reported to my credit file.
► (If sent to a debt collector, (CA), it might be beneficial to also include the blurb:
► “This is a direct dispute of credit reporting. This is not a request for debt
validation/verification under FDCPA §809(b).”.
(don’t let them just simply sluff it off as a meaningless DV letter)
“In compliance with FCRA §623(a)(8)(D), and enacting regulations published at 16 CFR § 660.4, this Notice of Direct dispute includes:
“Identification of the specific information being disputed:
(specify the account number, and the specific information that is disputed under that identifying account)
“Basis for the dispute:
(how the reporting was inaccurate; was any reporting in violation of any statutory or regulatory provisions? account or express agreements? CRA reporting gudelines? Account not yours? etc.)
“Supporting documentation:
(all documents that support your dispute; it is recommened to also include, as part of your documentation, at least a copy of the portion only of your recent credit report showing their reporting of the disputed information was actually reported to your credit flle. The implementing rule suggests a showing that it appeared in your credit report)