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CA showing under "open account" with 120+ days late on EQ

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GordonShumway
Regular Contributor

CA showing under "open account" with 120+ days late on EQ

Collection is a collection and I'm dealing with it.

 

Looking at all my CRA, this CA is reporting all over the place.

On EX it's under collection, on EQ is under open account with 120+ days late attached.

 

Is this correct? Should I fight it? is it worth it, score wise?

 

Message 1 of 5
4 REPLIES 4
RobertEG
Legendary Contributor

Re: CA showing under "open account" with 120+ days late on EQ

You are correct in challenging CA reporting of a 120-day late.  Only an OC can do that.

You have two totally separate types of "accounts" that are possible in your CR.

The first type of account is the one that is between you and the original creditor (OC). That account reporting is based on your legal agreement with the OC.

The OC can report monthly delinquencies (30/60/90+ lates) under your agreement with them, and can then can also report a charge off (CO) of the debt.  That information is stored separately in what is called the "base segment" of your credit file.

The second type of "account" in your credit report is the reporting of a collection.  These "accounts" are not based on any legal agreement you have with the CA.  They are strictly reporting "accounts" solely between the CA and the CRA.  A CA can never, ever report 30/60/90+ lates.  There are not even reporting codes that permit such reporting on a CA "account." .  A CA reports the date the collection was reported, the amount of the debt they are seeking collection, and the monthly status (unpaid, paid in part, paid in full, or deleted).  They are stored separately in a section of your credit file called the K-segment. REporting that a CA "account" is open is not related to the status of your OC account as open or closed. 

If they are updating OC acount information in your base segment, that is highly improper.

Message 2 of 5
bigman023
Frequent Contributor

Re: CA showing under "open account" with 120+ days late on EQ

Robert,

 

Do you have any advice on the wording that should be used when disputing this kind of scenario?

5/2009 EQ-504(FICO), TU98-567(FICO), EX- 503 (FAKO)
10/17/11 EQ-633, TU04-652, EX-681 All lender Pulls
10/17/11 TU98-678
12/21/2012 TU98-677 (39% Util)
01/21/2012 EQ - 661 (37% Util) SW Alert
Message 3 of 5
RobertEG
Legendary Contributor

Re: CA showing under "open account" with 120+ days late on EQ

"This is a dispute under FCRA 611(a)(1) of the completeness and accuracy of information contained in my consumer credit file.

"Specifically, a collection agency, identified as (name, account reporting info, date reported) has filed as a collection in my credit file, but is being reported by you in your credit reports under reporting categories in the base segment of my credit file that apparently is including it in my credit scoring as an account with an original creditor. 

"This is clearly incorrect information in my credit file.  A collection agency cannot report 30/60/90+ lates to the base segment of my credit file, and this is apparently what the collection agency is doing, and what you are showing in my current credit reports.

"I ask that this be treated as a dispute of inaccurate credit reporting, with resulting inaccuarate information in my credit file under FCRA 611(a)(1).

"I thus request that you investigate this reported information, and report back to me your findings within 30-days of the date of this dispute.

"Due to the distinct nature of this dispute, I ask for full compliance with the provision of FCRA 611(a)(2)(B) that ALL information I provide in this dispute be forwarded to the named collection agency, and not just a simplified E-Oscar summary of this dispute.

"To that end, I additionally request, under the provisions of FCRA 611(a)(6)(B)(iii), that any any response from you include a full "description of the procedure used to determine the accuracy and compleness" of the disputed information"  That includes, very specifcally, your extent of use of your E-Oscar process as part of your procedure, with prior notice by me of my express statement that I dont consider this to be in compliance with FCRA 611(a)(2)(B) in view of the circumstances of my request.  Please fully address any use of E-Oscar, and any reliance you have made on its abbreviated referral provess, in any response.

Message 4 of 5
GordonShumway
Regular Contributor

Re: CA showing under "open account" with 120+ days late on EQ

RobertEG, you're the man.

thanks

Message 5 of 5
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