How can I remove this CA?

[Anonymous]

ca.PNGThis account shows on my EQ and TU reports, but not my EX.  It is listed as paid, but open, with a $0 balance on EQ under the CC Simm Associates.  On TU it's listed as "closed", but paid with a $0 balance and the creditor is listed as RBS Citizens.

Any advice on how to proceed since it's being reported differently on all three reports?

[RadioRob]

Open vs Closed is not going to have any impact on your score. It's balance is $0, so it's not hurting your utilization. The fact the TL exists is what is hurting your score.

If it was not paid, I would suggest negotiating a PFD. However, since it's already paid... the only thing you can really do is request a Good Will removal.

[Anonymous]

I honestly can't even find where this debt came from.  I know it was a student loan, but I can find no link to RBS Citizens.  I do have 2 charge offs from AES/NCT student loans that were sent for collections, but they amount to much more than the $6k I owed to Simm Associates, so I am not entirely sure.

The AES/NCT loans state they are discharged, balance of $0 obviously, and one of them closely resembles this CA, so I am assuming that one charge off is associated with this CA.  The other charge off was never collected on, and I have never heard a word from anyone about it.

So, do I GWL the CA, the loan servicer, or some other method?

Basically this one account is hitting me twice via the charge off and the CA, and the same company has another charge off for me but no associated CA.

[Anonymous]

Being dinged for the same thing twice is illegal and in violation of the FCRA.

I’ll let RobertEG chime in for the facts.

[Anonymous]

Yeah I'd definitely like to hear what the law says about it and what I should do.

The NCT student loan that was charged off (1 of 2) is listed as $6,417 and transferred to recovery

The Simm Associates CA is $6,733 from RBS Citizens, so that is what I am assuming is the 1st NCT account.

If this is the case, I am being dinged for a CA and a charge off on the same debt, and the worst part is it is listed as paid

[Anonymous]

aes.PNGHere is the AES/NCT account I suspect is the same debt as the Simm CA I listed above.  Also, I have checked all reports and cannot find the DOFD or date that it will drop off of my reports.  Is the DOFD my first missed payment?  If so, the above referenced account has a DOFD of 10/2012, so it wouldn't fall off for another year or so.  I'm thinking I don't want to wake a sleeping giant (even though NCT has been all over the news for not having proof of loan ownership) so I might just leave the other NCT account alone (roughly $10k charge off) because it would have the same DOFD as the above referenced charge off.  Which brings me to another question on SOL, but one thing at a time....are these redundant derog's and how can I get them removed?

[RobertEG]

The reporting by a debt collector of a collection is essentially the reporting of continued attempts to collect on a delinquent debt beyond or in addition to those of the original creditor or owner.  In some instances, it may also represent ownership of the debt by the debt collector, but an assigned debt collector is only reporting the balance that they are authorized to attempt to collect on behalf of the owner, and does not represent to be debt owed to them.

The original creditor reports consumer history on their account, including payment history.  A debt collector reports continued collection, which is effeictively and addtional payment history derog.  It is similar to the reporting of delinquencies by the OC and the addition of a civil judgment, further recording efforts to collect on a delinquent debt.

It is not "double reporting" of the same thing, and is not precluded by the FCRA or any regs.

In fact, it is extremely common for a consumer credit report to include both the payment history reported by the creditor and the collection reported by a debt collector.

A good-will letter is sent to the party who has reported the information that you seek to have removed.

You would send a GW to the creditor for deletion of their derogs or account, and/or to the debt collector if you seek deletion of their reported collection.

If the debt remains unpaid, then your GW request would include an offer to pay the debt in exchange for their grant of the GW deletion.

However, you cannot send a PFD offer to the original creditor if they have sold the debt to the debt collector.

[Anonymous]

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@RobertEG wrote:

The reporting by a debt collector of a collection is essentially the reporting of continued attempts to collect on a delinquent debt beyond or in addition to those of the original creditor or owner.  In some instances, it may also represent ownership of the debt by the debt collector, but an assigned debt collector is only reporting the balance that they are authorized to attempt to collect on behalf of the owner, and does not represent to be debt owed to them.

The original creditor reports consumer history on their account, including payment history.  A debt collector reports continued collection, which is effeictively and addtional payment history derog.  It is similar to the reporting of delinquencies by the OC and the addition of a civil judgment, further recording efforts to collect on a delinquent debt.

It is not "double reporting" of the same thing, and is not precluded by the FCRA or any regs.

In fact, it is extremely common for a consumer credit report to include both the payment history reported by the creditor and the collection reported by a debt collector.

A good-will letter is sent to the party who has reported the information that you seek to have removed.

You would send a GW to the creditor for deletion of their derogs or account, and/or to the debt collector if you seek deletion of their reported collection.

If the debt remains unpaid, then your GW request would include an offer to pay the debt in exchange for their grant of the GW deletion.

However, you cannot send a PFD offer to the original creditor if they have sold the debt to the debt collector.

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Thank you for your insight.  I will attempt a GWL campaign to both the OC and the CA.

Anyone have any insight as to when these will fall off of my reports?  The CA says it was opened May 6, 2015, but it is from a debt that I last paid in 2013.  Do I go by last payment date? Date it was charged off?  Is this a case of a CA re-aging a debt on my reports?  I really appreciate any help all of you offer!

[RobertEG]

FCRA 605(c) was added to establish one date-certain for exclusion of any collection.

It requires that any collection become excluded no later than 7 years plus 180 days from the date of first delinquency that led to the collection.

If the DOFD is 10/2012, then any collection, regardless of when reported or whether paid or unpaid, must become excluded no later than 4/2020.

The CRAs routinely exclude at approx 7 years from DOFD, so the likely date of exclusion will be after 10/2019.