Does CA negative TL fall under DOFD of original creditor?

[JuniorNY]

I have a negative TL that was placed by a CA 2-3 years after DOFD of debt with OC, OC never placed anything on my reports. Since TL's fall off after 7 years what recourse do I have, if any, to get these to fall off based on DOFD with OC?

[MadinKS]

I have the same problems. I have CA's reporting on OC accounts that either have fallen off or have never been reported by the OC. I wish I had an answer to your question, but unfortunately I don't and I look forward to the "pros" steppin' in and helpin' us out. Good luck.

[hiblues]

Look Here...

http://creditinfocenter.com/creditreports/cr_time.shtml

the time starts from the OC's DOFD.

read this to get negatives removed..

Primer.. http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=263069

[kevin3344]

The DOFD must be provided by the CA with the ORIGINAL DOFD from the OC. EQ is the only one that shows the DOFD; the others show an entry like 'this item to be removed on XXXX date'. However, in order to compute the fall off date they must have the original delinquency date. Not to mention it's required by the FCRA.

At any rate, take a look at this summary from the FTC. It's very informative:

6. Reporting Delinquencies -- Section 623(a)(5).

If you report information about a delinquent account that's placed for collection, charged to profit or loss, or subject to any similar action, you must, within 90 days after you report the information, notify the CRA of the month and the year of the commencement of the delinquency that immediately preceded your action. This will ensure that CRAs use the correct date when computing how long derogatory information can be kept in a consumer's file.

How do you report accounts that you have charged off or placed for collection? For example:

• A consumer becomes delinquent on March 15, 1998. The creditor places the account for collection on October 1, 1998.

In this case, the delinquency began on March 15, 1998. The date that the creditor places the account for collection has no significance for calculating how long the account can stay on the consumer's credit report. In this case, the date that must be reported to CRAs within 90 days after you first report the collection action is "March 1998."

• A consumer falls behind on monthly payments in January 1998, brings the account current in June 1998, pays on time and in full every month through October 1998, and thereafter makes no payments. The creditor charges off the account in December 1999.

In this case, the most recent delinquency began when the consumer failed to make the payment due in November 1998. The earlier delinquency is irrelevant. The creditor must report the November 1998 date within 90 days of reporting the charge-off. For example, if the creditor charges off the account in December 1999, and reports this charge-off on December 31, 1999, the creditor must provide the month and year of the delinquency (i.e., "November 1998") within 90 days of December 31, 1999.

• A consumer's account becomes delinquent on December 15, 1997. The account is first placed for collection on April 1, 1998. Collection is not successful. The merchant places the account with a second collection agency on June 1, 2003.

The date of the delinquency for reporting purposes is "December 1997." Repeatedly placing an account for collection does not change the date that the delinquency began.

• A consumer's credit account becomes delinquent on April 15, 1998. The consumer makes partial payments for the next five months but never brings the account current. The merchant places the account for collection in May of 1999.

Since the account was never brought current during the period that partial payments were made, the delinquency that immediately preceded the collection commenced in April 1998 when the consumer first became delinquent.

http://law.freeadvice.com/resources/gov_material/ftc_credit_information_providers_10_97.htm

________

The View

Edited September 9, 2011 by kevin3344

[MadinKS]

So, then this would be illegal? I noticed that an account that Arrow Financial is reporting is scheduled to come off in Oct 2011. Well, the DOFD of the referenced account is 07/2002 and Oct 2011 is, mysteriously, 7 years from the date they opened the collection account. I DV'd Arrow, got the green card, and they verified with EX on the 4th. Violations? At least a non-reporting of the OC DOFD? Any ideas?

[retmar]

Yes, Arrow is in violation. The original DOFD with OC must be used for setting the clock.

Do realize that Arrow is a JDB and one of the biggest violators around. You need to compose a letter pointing this illegal action out and that if they do not close, delete, and go eat maggot droppings, you will sue them. Basically what they have done is reaged the account, which is illegal. Too many JDB's are trying to get around the law by saying that since we own, we can. No way. Read the FDCPA and you will find your exact applicable sections to reference. To include, A$$et took this to court in their state of Michigan and got the court to agree with them, but, it does not fly anywhere else. Be sure and file complaints with your AG, their AG, the FTC, and BBB, and let them know you are doing this.

[MadinKS]

I'm not trying to get others to do my work but any sample letters would be great. Just so I can get an idea of verbage. Also, what should I say in my complaints to AG, BBB, etc? Thanks for the help.

[retmar]

Read the sample letters here (scroll to top of page and click). You may have to borrow from several to complete your own. Or, you can give it a shot here and we will critique it for you. Just omit the personal info. I'm sure by reading them you will be able to compose your letter to fit your situation.

[MadinKS]

Crap. I have to take the kids to the movie. I will post later to take you up on the feedback. Until then. Thanks.

[MadinKS]

Here is the letter I came up with. Should I keep the specifics of the violations hidden or should I divulge those? If I send a copy of this to the AG, FTC, etc. would they want to see the violations in the letter or can I just put it in the complaints? Help I'm in unchartered waters here. Thanks.

Arrow Financial Services

5996 W. Touhy Ave

Niles, IL 60714-4610

Re: Accounts: xxxxx

xxxxx

Date: April 6, 2007

To Whom It May Concern:

I sent you letters of dispute asking for debt validation on March 28, 2007. They were received, and signed for on April 2, 2007, by Freddie Cooper.

I have yet to receive any validation or response from your company regarding these alleged debts. When I pulled my most current

report (dated 4/5/2007) , I realized that you are in violation of several statutes of the Fair Credit Reporting Act, which allows me to

sue for $1000 per violation. I urge you to immediately cease all collection activity, remove all traces of these accounts from all

credit reporting agencies, and destroy any information with my alleged account numbers and contact information. If any of these

actions are not taken and I don’t receive written documentation from your company that this matter is resolved, I will seek legal

counsel and sue you for all violations of my rights under Federal and State laws.

Sincerely,

MadinKS

CC: TrueLogic Financial Corp.

Kansas Attorney General

Illinois Attorney General

Federal Trade Commission

Better Business Bureau

[JuniorNY]

I disputed this with debt with CRA and it was verified rather quickly by the CA. Should I now write the CRA to have them verify the DOFD with OC?

[MadinKS]

Did you DV the CA? That would be your next step. Make sure you send the letter CMRRR or some way you can prove they received it. Did you read the stickys? If not, read all the stickys and the "Revised credit repair primer" http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=263069

[JuniorNY]

I sent them a DV letter today Certified Mail. I labeled the envelope "Payment info" just to make sure they accept it. My letter was not threatening, matter fact was it was rather cordial, relatively speaking of course. I just requested

• The origin of the account
  
• The date account was opened
  
• Explanation of balance if at all possible (principal, fees, interest, etc)
  

I don't expect the latter, but it's worth a shot. With the tone of my letter coming off as non-threatening, I'm sure they shouldn't have a problem giving me the first 2. The 2nd one is the one I'm hoping for.

[MadinKS]

Cordial? I thought you were a NYer? Cordial is for people from the Midwest. Just kiddin'. Whose the CA anyway? Maybe someone on the board has dealt with them and can give you an idea of what to expect.

[JuniorNY]

Gotta pick your fights my man NY mentality has blessed me with the gift of gab...I figured if I come off as the concerned, cordial, wanna possibly right my wrong type of consumer, I'd get a better, more cooperative response...The CA is Credigy Receivables, Inc.

[MadinKS]

More power to ya. I have to tone down my West Coast Cali (just living in KS) personality on occasion. More bees with honey, unless you piss me off!

[kemiren]

Ive got several items that are due to fall off within the next two months or so, and the info does not match from all three cra's report. Do you think that I should wait since they are due to come off in a few or should I go ahead and take care of them now.

[MadinKS]

What do you mean by:

Do you think that I should wait since they are due to come off in a few or should I go ahead and take care of them now.

I hope you meant dispute with the CRA's and hope for delete. Is that what you meant?

[kemiren]

yeah that's what I meant.... sorry.

[MadinKS]

You've got nothing to lose by disputing. What's the worst that could happen? If they verify then you just have to wait until they drop off. BTW, welcome. Hope you have good luck with your credit repair journey.

[retmar]

If those dates are actual, then you are way ahead of things. Do realize that a CA is not required to respond to your DV if they choose to ignore. BUT, they must report the debt as "disputed" with the CRA's to be legal. This can take up to at least 60 days. Therefore, you wait a minimum of 35 days before you send them a second DV, reminding of first, including copies of first letter and green card to support your claim. You can dispute the TL after the CA receives your DV to see if they respond as "disputed". Then, if they don't, you can claim a violation. But, do realize that if the date of dispute is only 2 or 3 days later, they can be safe as a reasonable excuse is the time involved for the letter to get to the proper places for action.

If your complaint is solely for the DOLA error, such as reaged the debt, you can dispute after their receipt of letter to speed up process, but, again, do not move too fast.

As to your letter, you wrote it as a DV, not an actual complaint of their reaging the debt. And, yes, you do cite the applicable statutes.

[MadinKS]

Back to the drawing board. I'll revise and re-post. Thanks.

[MadinKS]

I got to thinking about this. Technically this is not a DV issue is it? The issue I'm concerned with is the re-aging. So, I want them to understand that they broke the law and I'm willing to go to court if they don't delete. Should I treat this as DV and re-dispute or should I send this letter to let them know that DV is no longer necessary because I have them on violations right now and I want it deleted? What do you think?

[JuniorNY]

If after 30 days I do not receive a response to my DV letter. Should I send a letter to the CRA's requesting that they verify the DOFD with the CA?? That should be a simple process for the CRA's. It has been 7 years since my DOFD with OC, shouldn't it be pretty cut and dry that once that has been proven that this will have to come off even though the CA placed the negative TL on my CR this year?

If I'm wrong in my assessment, can someone please correct me.

[MadinKS]

I would think the CRA could, or SHOULD, provide you with that information since it's required to be furnished within 90 by the CA. That's the date they use to start the clock to begin with. It's worth a shot to call the CRA's on the phone and see if they would be willing to give you the information you want. Then if they give you the date you are looking for you can re-dispute right then and tell them the CA is attempting to re-age a time-barred account (a violation). If not, you send your request by mail. Since you are not trying to sue the CRA you won't need to send CMRRR, an over the phone dispute would serve your purpose.