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Old debt has reached the SOL of 7 yrs but still on mycredit report

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Anonymous
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Old debt has reached the SOL of 7 yrs but still on mycredit report

In 2004 "during my college years" I broke an apartment lease.  LVNV Funding has continued to pursue this debt for the past 10 years.  January of 2014 LVNV reported this debt and my score was brought down 52 points. When I attempted to dispute it arguing that this debt has reached the SOL of 7 yrs, I received a letter stating that this account has been updated and DATE OF FIRST DELINQUENCY was in 2010. This is a lie but I have no way of proving it. What can I due to get this debt off my credit score and get on with my life?

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1 REPLY 1
RobertEG
Legendary Contributor

Re: Old debt has reached the SOL of 7 yrs but still on mycredit report

The isue is what the debt collector is entitled to report vs. what evidence you have to the contrary.

 

First, as to what the debt collector is entitled to report.

The governing reporting statute is FCRA 623(a)(5).

That section of statuter requires a debt collector to report the DOFD on the OC account to the CRA within 90 days after reporting their collection.

In brief summary, they are required to attempt to obtain the DOFD from the OC.

If, after contacting the OC, they are unable to obtain the DOFD from them, section 623(a)(5) then permits them to make their best estimate of the DOFD, but in no case may they report a DOFD that is later than the date they obtained their collection authority.

 

I would assume that the debt collector obtained their collection authority in circa 2010, and are using that as the DOFD.

That would imply that either the OC provided them with that date, or they could not obtain the DOFD from the OC, and that is their permissible estimate.

 

That would of course beg the question as to how they obtained collection authority, and yet were unable to obtain the DOFD,

 

Regardless, they have not clearly violated the statute.  That can only be determined after further facts are known as to how they obtained the 2010 date.

 

I would begin by sending them a direct dispute of the reported DOFD.  To mount a direct dispute, you must provide some basis to assert your earler date.

Perhaps it would only be use of the dates you attended school, but you must provide some documentation as basis for contesting their reporting.

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