09-16-2011 11:53 AM
I have begun doing some credit repair after deciding not to go through with a Chapter 7 Bankruptcy. It shows as dismissed on my report but I feel better morally paying down debts that I control and won't still get sued against. I have a quesiton however regarding one account that's almost 9 years old, a little over 7 years since first deliquency was reported and documented. My issue is this: I contacted EQ to have them disputted for erroneous information. This creditor has documented that my date of first major deliquency was, this month, believe it or not. Not only this, they have reported they have record of my last faithful payment to them sometime in 2007. This is not true. I haven't paid them since 2003 or 04. I can't remember exactly which and unfortunately have no way of proving this. I know that they are beyond the SOL of being able to collect for the state of GA, which I reside. But based on the information they have reported, they won't be deleted until seven years after the first deliquency or first date reported deliquent. My question is this, when does the seven year start? From what I've studied, it is from the start of first deliquency, not when the creditor choses to report it. If this is true, then this account should be deleted because first delinquency was more than seven years ago. I explained this to Equifax and ask them to make sure they can have the creditor show prove of last payment and not just contact the creditor and ask what information they have on file. Because, the creditor can just repeat the same erroneous info which would the same erroneous info they have on my report. Well, Equifax completed the dispute and sent me the results. The results showed, "info was verified and would not be removed". I knew this would happen. What can I do to make them remove this data? I am almost certain that my last payment was over seven years ago. Shouldnt the creditor have to prove this with a cancelled check or payment account info? What can I say in a letter to the creditor to force them to remove it? Would I have to get an attorney to write them and threaten to sue for violation of FCRA?
09-16-2011 02:41 PM
Ignore the Date of First Major Delinquency. It has no impact on your score and that date does not determine how long something reports. The date that is important and cannot change is the Date of First Delinquency.
Last payment date could be an issue if they claim SOL had not expired, but they have to prove it in court. If you didn't make a payment in 2007, then don't worry about it...and that's assuming your state allows payments to restart SOL; most do not.
Even if SOL expires, a CA can collect forever. The have a short time frame to sue and they only have 7-7.5 years to report from the DOFD. But they can call and bug you forever. Ignore them if they do.
Right, first reported or date opened has no bearing whatsoever as to how long something reports. Ignore every date within that TL except for the DOFD.
Do you have any old reports showing DOFD? EQ shows DOFD. What does that say? If reporting on EX and/or TU, what is the listed drop off date? Can you prove DOFD if it doesn't jive? If so, will it show that the DOFD was beyond 7-7.5 yrs ago?
09-20-2011 08:26 AM
I can't prove when the DOFD is but I am most certain that it was more than 7 years ago. They can't prove it either but with only what they are reporting. I really don't have a way of knowing when this should fall off. Technically, it should be off by now. They have so many crazy dates on there regarding delinquency. You said to disregard those. They oldest date they have listed is 03/2005, which means it should fall off 03/2012 at least, although the oldest date of delinquency is before 2005. I think I will save myself the headache and wait until 2012 for it to fall off and if not, dispute it then. It's frustrating because this creditor keeps updating this account and changing the date of first major delinquency and it's given this particular tradeline more power to kill my score. Everytime they update with that false information, it drops my score and completely destroys the efforts I'm doing with the new good tradelines I've maintained. I just want to all be over with. OAN: I paid a car loan off in 2009. What should the tradeline say regarding this? On my report, it still shows it as "pays as agreed" or open in other words. It still shows the high balance but doesn't show that the loan is paid off. It just shows that they haven't reported on it since oct 2009. The car was paid off in may 2010. Should I leave this as is or will disputing it for the account to reflect the loan is paid off hurt my score even more. I would like for a paid off reflection to help boost the score. I have other installment tradelines, many that are paid/closed, but this one doesn't say paid/close. Should I leave it alone or have it updated to reflect the car loan is paid off? If it's updated to paid/closed, then the only open installments lines I'll have are a series of student loans.
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