Help Please. CA reporting DOFD incorrectly and reporting date of last delinquency each month

[Anonymous]

I need your help please. I just applied for a mortgage and the only item preventing me from pre-approval is a CA:

I left an apartment in 01/2009 and they transferred the balance owed to Hunter Warfield.

It is reporting as follows:

Date Opened: 02/2009 This seems legitimate

Date Submitted to Collection Agency: 10/2012. It appears this is the date that is aging since the credit report stated the account had only been reviewed for 30 months.

Date of last delinquency: 03/2015 ??? Can they do this? It's a collection agency. I'm also assuming this is similar to DOFD but written differently...

DOLA: 03/2015 I get this.

I filed complaints with the BBB and FTC (Consumer group) because I believe they re-aged my account illegally and are reporting monthly delinquencies which seems invalid.

Can anyone let me know if I am assessing this incorrectly? 

[gdale6]

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@Anonymous wrote:

I need your help please. I just applied for a mortgage and the only item preventing me from pre-approval is a CA:

I left an apartment in 01/2009 and they transferred the balance owed to Hunter Warfield.

It is reporting as follows:

Date Opened: 02/2009 This seems legitimate  DoFD would be the 30 day late mark of a rent payment that was due.

Date Submitted to Collection Agency: 10/2012. It appears this is the date that is aging since the credit report stated the account had only been reviewed for 30 months. its legal just the date they were given the authority to collect.

Date of last delinquency: 03/2015 ??? Can they do this? It's a collection agency. I'm also assuming this is similar to DOFD but written differently... Its unpaid isnt it? If it is it would still be delinquent. Nothing wrong with the reporting.

DOLA: 03/2015 I get this.

I filed complaints with the BBB and FTC (Consumer group) because I believe they re-aged my account illegally and are reporting monthly delinquencies which seems invalid.

Can anyone let me know if I am assessing this incorrectly? There is no basis for the complaints based on the info you have presented here. If they are reporting a monthly payment history like an OC does then that would be illegal.

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[Anonymous]

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dagsKY wrote:

I need your help please. I just applied for a mortgage and the only item preventing me from pre-approval is a CA:

I left an apartment in 01/2009 and they transferred the balance owed to Hunter Warfield.

It is reporting as follows:

Date Opened: 02/2009 This seems legitimate  DoFD would be the 30 day late mark of a rent payment that was due.

Date Submitted to Collection Agency: 10/2012. It appears this is the date that is aging since the credit report stated the account had only been reviewed for 30 months. its legal just the date they were given the authority to collect. They have been collecting on this since 2009

Date of last delinquency: 03/2015 ??? Can they do this? It's a collection agency. I'm also assuming this is similar to DOFD but written differently... Its unpaid isnt it? If it is it would still be delinquent. Nothing wrong with the reporting. They are reporting it monthly as a charge off.

DOLA: 03/2015 I get this.

I filed complaints with the BBB and FTC (Consumer group) because I believe they re-aged my account illegally and are reporting monthly delinquencies which seems invalid.

Can anyone let me know if I am assessing this incorrectly? There is no basis for the complaints based on the info you have presented here. If they are reporting a monthly payment history like an OC does then that would be illegal.

[gdale6]

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@Anonymous wrote:

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@Anonymous wrote:

I need your help please. I just applied for a mortgage and the only item preventing me from pre-approval is a CA:

I left an apartment in 01/2009 and they transferred the balance owed to Hunter Warfield.

It is reporting as follows:

Date Opened: 02/2009 This seems legitimate  DoFD would be the 30 day late mark of a rent payment that was due.

Date Submitted to Collection Agency: 10/2012. It appears this is the date that is aging since the credit report stated the account had only been reviewed for 30 months. its legal just the date they were given the authority to collect. They have been collecting on this since 2009  Even so its not illegal to change the date they got a collection what is illegal is changing the DoFD. Its possible the OC pulled it from them at some point then gave it back.

Date of last delinquency: 03/2015 ??? Can they do this? It's a collection agency. I'm also assuming this is similar to DOFD but written differently... Its unpaid isnt it? If it is it would still be delinquent. Nothing wrong with the reporting. They are reporting it monthly as a charge off. A CA or OC has the right to updated it every month if they want it keeps your Fico depressed, its a tactic to get you to address the debt and stop you from getting new credit as you are finding out,

DOLA: 03/2015 I get this.

I filed complaints with the BBB and FTC (Consumer group) because I believe they re-aged my account illegally and are reporting monthly delinquencies which seems invalid.

Can anyone let me know if I am assessing this incorrectly? There is no basis for the complaints based on the info you have presented here. If they are reporting a monthly payment history like an OC does then that would be illegal.

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[RobertEG]

First and foremost, the accuracy of the reported DOFD is not a matter that will result in deletion of the reported collection.

It is a matter that will effect when their reported collection must become excluded from your credit report.

The DOFD cannot, based on the facts, be any earlier than 2009, meaning credit report exclusion will not become a factual issue until mid-2016.

Yes, it is important to get corrected, but it is not an issue that is apparently relevant to the collection preventing approval of your mortage loan.

A furnisher can always update any incorrect reporting without any requirement for deletion of the collection.

Improper re-aging applies to reporting of the DOFD, which is controlled under FCRA 623(a)(5).

What was the actual DOFD reported by the debt collector?  That is not provided within the post.

Asserting improper re-aging requires a factual showing that the debt collector reported an improper DOFD.

That should first be done by way of dispute under the FCRA before making any formal complaint to the CFPB/FTC.

Such a dispute would require knowledge of the reported DOFD, along with some showing that it is inaccurate.

[Anonymous]

Well their tactic sure is working! This is the only collection item I refuse to pay (I've paid off a lot of them) so I guess I'll just wait until it falls off or my credit score becomes better and I can re-apply for a mortgage. Thanks for your help gdale. 

[Hopelives2]

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@Anonymous wrote:

Well their tactic sure is working! This is the only collection item I refuse to pay (I've paid off a lot of them) so I guess I'll just wait until it falls off or my credit score becomes better and I can re-apply for a mortgage. Thanks for your help gdale. 

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I'm not sure if you'll see this but... if the complex was a CAMDEN complex, then HW does NOT own the debt.  Camden does.  Therefore, you could, if  you were so inclined, negotiate a settlement with Camden and then as part of that, request the derog be removed from your credit.

Camden is a leech... but a workable leech.