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The only time that it can reset the "age-off" date is if the account is brung current before it is charged off and then goes bad again. Then the DOFD would be based on when it went bad the second time.
Example.....I have a CC I haven't paid in 6 months...I call the CCC up and they say they haven't charged off, just reporting late, haven't sent to collections....I pay in full right then over the phone and do good for another year. Then I stop paying altogether. They charge the account off and send it to collections. The DOFD is 180 days past when I stopped paying the second time.
Now, when I called them, had they said they already charged off and sent to collections and I went ahead made payment, DOFD would not have changed.
You will find this information under FCRA § 605. Requirements relating to information contained in consumer reports [15 U.S.C. §1681c]
Also:
http://www.privacyrights.org/fs/fs27a-debt_collection.htm#5
18. I had an account sent to collections. Now the original account and the collection both appear on my credit report. Is this wrong?
According to Experian both entries are considered part of your credit history, and once the collection action is entered, that becomes the active account. However, the delinquency date reported by the original creditor should be the same as that reported by the collector. The delinquency date dictates the establishment of the seven-year period. And that is how long the account will remain on your credit report.
The delinquency date that triggers the removal of negative information from your credit report should remain the same no matter how many times the debt is sold. Once the seven- year period has run its course, all entries involving the account should be removed from your credit report. This includes the original creditor’s charge-off and any collectors that have subsequently bought or sold the account.
If you have had an account sent to collections, this is yet another good reason to check your credit report carefully to make sure all entries have been deleted at the appropriate time. And, during the time the negative account remains active, check your report to be sure the original delinquency date is the one consistently reported on entries by the original creditor and all collectors. Add this to your checklist of things to review when you order your free annual credit reports through the FTC’s homepage, www.ftc.gov/bcp/conline/edcams/freereports/index.html .
For further discussion of this “dual” reporting, read the “Ask Max” question and answer on the Experian Web site. www.experian.com/ask_max/max012506c.html
From the last link listed in that answer:
Because a collection account is treated as a continuation of the original debt, it will be deleted at the same time as the original account. The original account and subsequent collection accounts will be deleted seven years from the original delinquency date. The original delinquency date is the date of the first missed payment after which the account was never again current.
The collection agency is required by law to carry over that original delinquency date from the first account and report it to the credit reporting company. That ensures the collection account is deleted at the correct time.
tmacar wrote:
Point being that you can't ever be 100% certain the debt will go completely away even at the 7 year date.Correct, it could reappear or appear longer than it should be. You can't be certain that it will drop as it should, however when taken to court, it will be removed.BUT other things can happen which sort of reactivate the account, and which can justify changing the Date Of Last Activity which can legally be used to start the clock all over again.Yes and No. True that things can happen(making payments) and reset the DOLA. However, DOLA is not used in the 7 year CRTP. DOFD is and making a payment doesn't change that. If you stop paying your bills on August 1st, and in February get a sum of money and decide to send your creditor a partial payment, you are still deliquent and have been deliquent since August.One of the things, I think unfairly, is if the creditor sells the account. Then the new owner gets 7 years.Nope.The original creditor's entry on your report will still go away when it should (This may be causing the confusion - I should have specifically mentioned this in the beginning.), but the account itself will still be there under the new owner. So even though the original listing on your report goes away, for all practical intents and purposes it is still there, hurting your credit. It just has someone else listed as the creditor. The most unfair thing about this is that, until the original creditor's listing expires, you have the same debt listed twice, and you get "credit" for two bad accounts when it's really just one.True that you the original creditor and a collection agency can report at the same time. However, they both drop at the same time.
Until a couple of months ago, I had 4 negative accounts, 2 of them from an original creditor (same creditor for both accounts, as it happens) and 2 of them from the people the original creditor sold them to (same new creditor for both accounts, too). The new owner was calling them collection accounts.They are collection accounts.
One of the original 2 accounts "aged off" my report, but the new owner's entry for that account was still there. I filed as dispute, saying that the expiration date for the original debt had passed, evidenced by the fact that the credit bureau had just deleted that original account, so the collection for that account should also be gone. The response I got was that a collection ages off at the same time as the original debt ONLY if the collector is working on behalf of the original creditor and the original creditor still owns the account. If, however, the original creditor sold the debt, and the collection company is the new owner, or is working on behalf of a new owner, there is a new 7 year clock which started when the original creditor sold the account to the new guys.Who gave you this response?
There's even worse. I ran this past the lawyers, they confirmed it was legal, and then told me something even worse. Technically, the new owners can claim I "reactivated" the accounts by paying them off in October 2005, and can use that as a legal excuse to keep them on my report until September 2012. They told me that this doesn't happen very often but that it can legally be done if the creditor wants to bother.I've never seen/heard of a CA doing this or it being legal for them to do this.
For some reason, this seems to work better with collection agencies than with original creditors. Maybe because the difference between the "full" payment and the "settlement" payment tends to be larger with collection companies than it usually is with original creditors. Maybe the people at the original creditor have some sort of ego investment in punishing you for having "cheated" their company. Who knows?Works better with CA than OC's b/c CA's buy the debt for pennies on the dollar. Depending on the age of the debt they may have given $150 for a $1500 debt. If you offer to pay $1500 in turn for deletion, they profit $1350. The OC does not profit, except for fees and interest.
stef37 wrote:I am sorry to tell you, but you have been very misinformed.