About RobertEG

RobertEG · ‎06-13-2021

It is stated that "Theres a law in most states that they cant technically do anything to you after 4 years from the purchase date of the vehicle." Do you have citation for any such statute for any state? Are you referring to state SOL on commencing legal action? If so SOLs on bad debt dont run from date of first establishment of any debt, they usually run from date of delinquency. Can you clarify the specific statutory provision you are referencing?

RobertEG · ‎06-13-2021

NJ has constables, who are sworn officers of the court who deal primarily in service of notices and other ministerial matters.. The judgment attorney has stated that constables are entitled to 10% of the judgement amounts, apparently regardless of whether they served papers themselves, which I presume is an acccurate statement of NY law. If so, it is a legit. If you are in doubt, consult a NJ state consumer affairs attorney for their opinion........

RobertEG · ‎06-12-2021

You received bad advice that the new owners have no authority to report payment to the CRAs, They are legal heirs in some manner to ownership of the debt, and are thus now the debt owner with the right and obligation (FCRA 623(a)(2)) to report any changes in previously reported information.

RobertEG · ‎06-12-2021

Since they have acquired a judgment and you have competent legal advice that the judgment is proper, they can continue to attempt to recoup the debt via garnishment as long as the judgement remains enforceable. In most jurisdictions, a judgment has an initial period of enforceability of approx ten years, and is readily extendable, so there may likely be years to come for them to continue whatever your state provides for garnishment. Your state apparently has some restrictive provisions that apply to your situation, as prior garnishements have been short and not continuus. There thus appears to be some hassle and expense on their part in continuing the garnishement route to achieve full recovery, to they might bit on a settlement offer. The only way to know is to make an offer.....

RobertEG · ‎06-10-2021

Forget for a moment how the payment history profile (e.g., prior monthly derogs) have been reported and are showing in your credit report. When do your own records show that you first become delinquent and have thereafter remained delinquent until the current date? December 2015? That is your date of first delinquency. Does your credit report at annualcreditreport.com reflect reporting of a DOFD by the creditor? Continuous delinquency is reflected by your billing and payment history, which is shown by your billing and payment records. The accuracy of how that history is being reported can then be challenged and corrected if inaccurate.

RobertEG · ‎06-09-2021

Once a creditor has reported to a CRA, then FCRA 623(a)(2) imposes upon them the obligation to "promptly" update any information so as to maintain its current accuracy, While "promptly" does not specify an explicit period in days or weeks, a reasonable interpretation of prompt is in their next regular reporting cycle. The current balance of an account is a required reporting element under the CRA reporting manual, and thus there is a compulsory requirement under the FCRA for maintaining its current accuracy. Yes, if the current balance has changed and yet remains uncorrected after multiple reporting cycles, it is clearly disputable under the FCRA.

RobertEG · ‎06-06-2021

Once yu file a dispute with a CRA under the FCRA, the CRA is required to conclude its reinvestigtion within 30 days and provide a notice and record of the results. "Meets FCRA Requirremements" is the recording by the CRA that they concluded the reinvestigation and that the accuracy or completeness of the disputed information was found to comply with the FCRA. See Field 20 of the base segment of the consumer file. Once reported, it remains as a record of the outcome and is not deleted unless shown to be inaccurate. For various legal reasons, the CRAs must retain a record of filing and outcome of prior disputes in order to ensure compliance with various provisions of the FCRA, such as sections FCRA 611(a)(5)(B) and (C), FCRA 611(a)(7), and FCRA 611(b)-(d).

RobertEG · ‎06-05-2021

A debt collector may call parties other than the consumer they are attempting to collect on a debt, but only to obtain location information, and only under the additional restrictions set forth under FDCPA 804. "FDCPA 804. Acquisition of location information Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall -- (1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer; (2) not state that such consumer owes any debt; (3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information; (4) not communicate by post card; (5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and (6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector. "

RobertEG · ‎06-05-2021

Paying debt that has been charged-off will not per se increase credit score. There are a mix of separate scoring categories to consider. In scoring of payment history, as the period of overall delinquency continues to increase (i.e., total time from DOFD), the negative impact continues to increase. Paying terminates further increase in the overall period of delinquency, and thus has future scoring benefit, that benefit wont be realized at the time the debt is paid. To the contrary, when the creditor reports payment, that extend the overall period of delinquency up to that date. If there has been a significant period since last update of reported delinquency, then paying could in fact have a signficant negative scoring impact at that point in time. In the separate scoring of % util of credit, if the account is revolving credit, then paying will reduce % util to zero, which will have a positive scoring impact. When was the account last updated by the creditor to show continued delinquency status, and what is the current % util onthe card?

RobertEG · ‎06-05-2021

In a recent settlement agreement, the big-3 CRAs established a policy of removing paid medical collections, but only if it was paid by insurance. Medical collections paid by the consumer are not included under that policy, and if a consumer pays medical collection, that does not result in its removal from the consumer's credit report, As for paying the creditor, that wont result in removal of an associated, reported collection. The big-3 CRAs do have a policy that termination of collection authority with the debt remaining unpaid requires a debt collector to delete their reported collection, that policy does not apply when you simply pay the original creditor. That CRA policy was established in order to preclude two collections simultaneously reporting on the same debt, as termination of a first collection with the debt remaining unpaid then permits immediate reassignment to a second debt collector, who can then report their own collection. While paying the OC does terminate the debt, payment must be made after the creditor has first terminated the assigned collection authority ("recalled the debt") for that policy to apply. You must obtain termination of the first collection before paying the OC.

RobertEG · ‎06-02-2021

I assume that you are using the term “consumer disclosure” to mean a report that is available ONLY to the named consumer and not to third parties, and can include any information of record in your credit file, including promotional inquiries (which, per FCRA 604(c) can be provided only to the named consumer), and that you are using the term “consumer report” to refer to reports that only receive information for which there is listed permissible purpose under section 604. A creditor, existing or potential, cannot receive a full “consumer disclosure”. They can only receive a report that excludes any record of promotional inquires and other inquiries coded as "soft.". The government-sanctioned site annualcreditreport.com was established ONLY to provide consumers with disclosure of their own credit files, and can thus include promotional and other "soft" inquiries. Thus, use annualcreditreport.com if you seek a record of promotional/"soft" inquiries.

RobertEG · ‎06-02-2021

When you state that your correct current address was provided both on your letter as well as the certified mail receipt, AND is also the same as the address provided in your credit reports, then where is the discrepancy that is the subect of your dispute? What "arbitrary" address did they use?

RobertEG · ‎05-31-2021

The FCRA dispute process appllies to the completeness and accuracy of your credit file with a credit reporting agency (CRA). FCRA 611(a) is the relevant provision, and states: _______________ FCRA 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (A)Reinvestigations of Disputed Information (1) Reinvestigation Required (a) n general. Subject to subsection (f), if the completeness or accuracy of any item of information contained in a consumer’s file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. ________________________________ myFICO is a division of Fair Isaac Corp, and does not maintain the credit file information, which is obtained from the CRAs. Rather, it makes observations and interpretations of the information it obtains from the CRAs. Inaccuracies in those observations and interpretations is thus not subject to disputes under the FCRA. It is a business matter between the consumer and myFICO. You would handle just as you do business complaints with other businesses. Compliance is best sought through federal or state refulatory agencies charged with enforcing information retention and disclosure regs, such as the CFPB, FTC, FCC, etc private organizations devoted to business practices, such as a Better Business Bureau Complaints, or bring your own civil action with the courts.

RobertEG · ‎05-27-2021

In viewing the history of credit reporting since its inception, initial reporting has always been voluntary, with rare exception. No such requirement was incorporated when the FCRA was first established. Other statutes, such as the Higher Education Act and some state child support statutes, have established explicit initial reporting requirements for limited and special items, such as monthly derogs on federal student loans and child support arrears know to a state agency, but they are rare and are not explicit provisions of the FRCA per se. Mandatory reporting under provisions of the FCRA are only triggered after initial reporting of information, and require updated reported if the information previously reported has changed and is thus no longer accurate. See FCRA 623(a)(2).

RobertEG · ‎05-26-2021

Payment status is, as set forth in the common credit reporting manual used the big-3 CRAs, not the same as current status. The current status becomes paid, but a separate code called the payment rating separately records the account status just prior to its current, paid status. It is accurate reporting.

RobertEG · ‎05-25-2021

When you state that they are reporting a new collection, what/how exactly is the new reporting? Updating prior reporting is proper, though not usually weekly, and is not the reporting of a "new collection." How is it "new"? More info is needed......

RobertEG · ‎05-24-2021

Is it an installment loan, a revolving line of credit, credit card, or other busines account? Closed means different things depending on the type of account.....

RobertEG · ‎05-24-2021

There are two separate issues. First is what recourse you have if you obtain a pay for deletion agreement from the debt collector and they dont then honor the agreement by deleting the collection, and second is what impact the reported open date for a collection has on its required credit report exclusion date. As to issue 1, a PFD agreement as a prior condition to paying the debt is a legal term of your PFD contract with the debt collector. If they fail to honor that condition of your PFD agreement, you can sue them for breach of contract, If the PFD agreement is only oral, it is still enforceble but is more difficult to prove in court. Debt collectors are often reluctant to provide wirtten agreement to delete prior to your payment, as the CRAs have a firn policy statement in their common credit reporting manual that deletion should not be reported based on payment of the debt. As such, they are often reluctant to put into writing pror to payment such an agreement. However, if you pay and they then report deletiion, they are not required to provide any reason to the CRA, and will usually honor their agreement if it was clear. As for effect of open date of a collection on the credit report exclusion date, the answer is none. FCRA 605(c), which was added to the FCRA approx 30 years ago, explicitly provides that the exclusion period runs only from the reported date that the debt first became delinquent with the originl creditor and has thereafter remained delinquent. The open date of a collection is irrelevant.

RobertEG · ‎05-21-2021

The FCRA clearlyy and explicitly defines that the exclusion date for a collection is based ONLY on the date of first delinquency (DOFD) on the account with the creditor. See FCRA 605(c). The exclusion date must be no later than 7 years plus 180 days from the reported DOFD. The CRAs, however, choose to exclude at approx 7 years from the DOFD.

RobertEG · ‎05-21-2021

Age of accounts calculations, such as average age of accounts, includes only accounts of the consumer. Collections are not accounts of the consumer, they are "accounts" opened by a debt collector with the CRAs, No, they are not part of age of accounts calculations.

RobertEG · ‎05-21-2021

Are you contesting the reporting of any prior lates, or only those that occured after COVID restrictions became effective? Do you have a citation of the California statute? What is or is not restricted under the statute must first be determined.......

RobertEG · ‎05-21-2021

The reported payment history profile appears to show that the account was in good-standing pror to July 2019, after which the chain of delinquency began, That is at odds with a current status of repo with a repo date back in 2013 or2014 Since the payment history profile also only shows check and x-marks designating prior delinquency status, no level of delinquency can be determined. including when they did the repo. Can you first clarify the actual history of the delinquency status?

RobertEG · ‎05-21-2021

Creditors report numerous different items of information regarding delinquent accounts, and reporting of written-off or CO can represent three different items. First, after a CO has been taken, the credtior can report the fact of the CO and the initial amount written-off as a sticky reporting code (field code 23 ) Second, whenever they update their reporting, the current status must be reported (field code 17A). That is the status as of the date of reporting, and if the account was charged-off at any prior time and remains delinquent, they can report the current status either in terms of days of delinquency (e.g. 150days late), or as CO, which informs that the account remains delinquent, and was also, at some prior point in time, subjected to a CO. Third, the creditor also reports the payment history profile (field code 18), which is the prior delinquency status for previous months. They can choose, under prior monthly payment history, to report the delinquency status for prior months either in terms of day delinquent or, if the account was also subject to a CO at any time prior to the month and year history being provided, simply as CO. If an account is subsequently paid, the current status is no longer one of delinquency, and thus item 2 above would no longer report as CO. However, items 1and 3 would properly continue to report as CO, and would not be changed based on payment of the debt.

RobertEG · ‎05-20-2021

If the disputed information was reported to the CRA by a party ("furnisher"), FCRA 611(a)(2) requires the CRA to send a copy of the dispute along with all relevant information to the furnisher within 5 days of receipt of the dispute. The furnisher must then investigate and resppond back to the CRA within the 30-day dispute period. See FCRA 623(b). The CRA then completes reinvestigation of the dispute based on all information, and sends the NOtice of Results of Reinvestigation to the consumer.

RobertEG · ‎05-19-2021

There is no blanket prohibition against updating the reported DOFD. The requirment is that what is reported must not knowingly be inaccurate. If, upon review of a previously reported DOFD, it is determined that the actual, factual DOFD is different than that previously reported, they are required to promptly correct. Thus, the issue is not whether they have changed the reported DOFD, but rather whether the now-reported DOFD is accurate. In the instant scenario. the previously reported DOFD was stated to be in December, 2015. The first collection then reports a date assigned to the debt collector of May 2016. By definition, a DOFD cannot be later than the date that the collection was assigned to the debt collector (see FCRA 623(a)(5)(B)(iii)), so by defintion the reporting of a DOFD after 2016 would be inaccurate. Yes, the updating of the DOFD to 5/2021 is inaccurate, but not simply because a DOFD cannot be corrected/updated. It is inaccurate because factually it is not possible for a debt to have first gone delinquent after it was placed for collection. It appears to be a simply error on the part of the debt collector when updating that should be easily resolved......

RobertEG · ‎05-19-2021

Timeliness of a payment is based on billing due date, not when the last payment was made. Did the last payment made on June15 both have a billing due date on that date, and was did that payment amount meet both the timeliness and min payment amount requirements based on the June bill?

RobertEG · ‎05-19-2021

If you are sued, the statute of limitations that will apply is the SOL of the jurisdiction of the trial court. The prevailing jurisdiction, called venue, is determined by state law, or in the case of a suing debt collector, by the federal FDCPA, which provides that the debt collector has the option of suing either in the current jurisdiction of residence of the consumer OR in the jurisdiction in which the contract that created the debt was signed, an nowhere else. You thus may not know the applicable SOL until the legal action is actually filed. If provided the option, the debt owner will normlly choose to bring action in your current state of residence if still applicable, as judgements from another state may require an additional motion before a court in your curreent state of residence (seeking domestication of the out of state judgment in your current state) before they can take further action, such as garnishment, to enforce the judgement in your current state of residency, Additionally, some states incorporate into their SOL what are known as "borrowing provisions,' which in a nutshell permit the state SOL period to be shortened if the debt was created in another state that has a shorter SOL. You must thus know whether your state of residence SOL has any such borrowing provision. It is always best to obtain advice from an attorney as to the applicable SOL statute for your civil action.

RobertEG · ‎05-18-2021

HIPAA provides authorization for release of medical treatment information to debt collectors only to the extent necessary for the debt collector to conduct collection activities, which normally does not include any details of type of treatment, medical treatement procedures or diagnostic information. If you feel that there is a HIPAA violation, then you should file a complaint under the procedures set forth in the HIPAA act. However, that is separate from whether the debt collector has legitimate collection authorinty,and does not affect credit reporting or debt validation under the FDCPA. You can pursue an asserted HIPAA violation, but that wont directly impact your credit reporting issues relating to the collection. On a side note, was your debt validation request timely, meaning it was sent within the 30 day window after receipt of a dunning notice? If not, it can be ignored. Even if timely, a DV request does not impose any requirment for response,and only imposed a bar on continuing active collection, such as calls and letters, until they have first sent validation. An assertion that what they provide is too detailed may be basis for a HIPAA violation, but not for an assertion of inadequate validation. In summary, pursue the asserted HIPAA violation if so inclined, but I dont see that as basis for removal of the reported collection or for an assertion of inadequate validation.

RobertEG · ‎05-17-2021

There is no direct relationship between a request for debt validation and deletion of a reported collection. While their receipt of the DV request may have led to review that resulted in their decision to delete, it was not the direct cause. One possible reason for their deletion might be that they have had their collection authority terminated at some prior time, which under CRA reporting polic mandates deletion of an unpaid collection, but that is only speculation. If they do decide to reinsert, it will not start any new or updated exclusion period. The effective date of the delinquent debt remains as the time expired from the reported DOFD, which will remain the same. The date of reporting or reinsertion of a collection does not change the total period of delinquency on the debt, which runs from DOFD.

RobertEG · ‎05-17-2021

The FDCPA explicitly provides the consumer with the right to direct how any payments to a debt collector are applied, and to which debts. "FDCPA 810 MultipleDebts If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer's directions."

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