It seems from the info you have provided that they should all have dropped from your CR, but since they have apparently not, here is my advice.
First, the law is clear. FCRA 605(c) sets a single, date-certain after which a collection can no longer appear in your credit report. That date is the date you first went into default on the original creditor (OC) account, and was not thereafter returned to paid status by the OC. before the collection was posted. That is your DOFD. It has absolutely nothing to do with the date the collection agency (CA) posted to your credit report, or any subsequent activity posted by the CA.
The problem with DOFD is determining when it actually was, and then if that DOFD was correctly reported to the CRAs.
The legal, court determination is provided by way of your individual monthly account statements from the OC.
So how does the creditor reporting of DOFD get into your credit file, and what date does the CRA use?
That is the entire intent of FCRA 623(a)(5)(A). This section of the FCRA requires the OC to report to the CRA the DOFD on any debt that they have placed into colllection within 90-days of placing the collection. That is the date the CRA uses to determine compliance with the 7 1/2 drop off date set forth in FCRA 605(c).
Commercial credit reports are notoriously incorrect in reflecting the actual DOFD.
You can obtain what the OC has officially reported to the CRA. Sample letter, sent only to each pertinent CRA, and NOT the OC or CA::
"This is a request under FCRA 609(a)(1) for "all information in the consumer's credit file at the time of the request" of any prior reporting to my credit file of the date of first delinquency/FCRA Compliance Date recorded in my credit file.
"More specifically, if you are uncertain as to the specific information I request, this information was required to have been provided to you under FCRA 623(a)(5)(A) and (B) due to the posting in my credit file of a collection by (name, account, etc) on a debt purportedlly owed to the original creditor, (name, account, etc.). It is thus a requried statutory post to my credit file, of which I seek disclosure.
"I recognize that this is a request that requries payment to you of the fee set forth in FCRA 612(f), which is currently $10.50.
Enclosed is a check payable to you, as the responsible credit reporting agency, in the amount of $10.50."
"This is NOT a dispute of credit reporting under FCRA 611(a), and thus requires NO referral to any creditor for verifiation or validation. It is just simply a request for dislosure of what is in my consumer credit file with you."
Message Edited by RobertEG on 01-24-2010 12:23 AM
Message Edited by RobertEG on 01-24-2010 12:30 AM
