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Established Member
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Registered: ‎07-24-2008
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NY: Fall-off Date Reference?

[ Edited ]
Hi. I'm having a hard time getting the CRAs to recognize the NY FCRA. Does anyone know the actual Article #/ Title that dictates the fall-off dates as 5 years? I know it's 5 yrs from DOFD for paid coll and 5 yrs from Date Filed for paid judgements. I just don't know what to cite in my Dispute Letter. Thank you.
Message Edited by bounceBACKandSTAYup on 12-01-2009 12:41 PM
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Re: NY: Fall-off Date Reference?

Regular Contributor
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Re: NY: Fall-off Date Reference?

My chargeoff reports as paid, as in it lists a date paid. So SOMEONE paid it...should it have fallen off at 5 years post DOFD? I'm in NYC Bank of America is listing a chargeoff under "Accounts in Good Standing"!!! It has a DOFD of 10/2004. It's dropped off my other reports. EXPERIAN still reports it...as a good account!

 

What to do? Other reports dropped it in 7/2009, having listed the DOFD as 8/2004.

 

HELP!

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Re: NY: Fall-off Date Reference?


lafishy wrote:

My chargeoff reports as paid, as in it lists a date paid. So SOMEONE paid it...should it have fallen off at 5 years post DOFD? I'm in NYC Bank of America is listing a chargeoff under "Accounts in Good Standing"!!! It has a DOFD of 10/2004. It's dropped off my other reports. EXPERIAN still reports it...as a good account!

 

What to do? Other reports dropped it in 7/2009, having listed the DOFD as 8/2004.

 

HELP!


lafish- i feel your frustration.

 

Same thing is going on with me. I have a "Legally paid in full for less than the full balance" reporting on EX only. I called and they said they only drop it if it's "paid in full".

So I recently sent them the entire NY State Business Law Article 25, Fair Credit Reporting Act, highlighting the part that applies to my account.

I also sent them a copy of my Experian report (the plus score) and a very long letter. That's the only thing we can do.

 

 If they fail to delete it, I'm filing complaints with the NYS Attorney Generals offce, the NY BBB and the Federal Trade Commission.

 


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Re: NY: Fall-off Date Reference?

[ Edited ]

NY State Civil Code

General Business Law, Article 25

 

Regular Contributor
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Re: NY: Fall-off Date Reference?

Nightmare, I appreciate the empathy. Ilecs and Robert, I appreciate the expertise, as always. You guys are amazing.

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Re: NY: Fall-off Date Reference?

I don't know what my problem is, but I keep posting messages prematurely...I hit return a couple times and it posts!

 

I was going to ask, Nightmare, if perchance you'd care to elaborate. Who'd you send the letter to? OC or the CRA?

 

Care to share your letter? I'm writing one now using some guidance from reading the boards. I'll show you mine if you show me yours!

 

Best of luck to all FICO travelers.

 

Fish

TU Fako 640 (6/4/08), EXP FICO 605 (6/11/08), TU FICO 624 (7/3/08), EQ FICO 663 (6/9/08), EQ FICO 669 (8/18/08), EXP FICO 668 (8/18/08), TU FICO 663 (9/22/08),
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Re: NY: Fall-off Date Reference?

[ Edited ]

At work now, and my letters on my comp at home. I can message it to you when I get home if you'd like.

 

My dispute is with Experian (The CRA) not with the OC so I sent it to EX.

 

eta: I also have the issue with my response  posting blank if I hit my enter key before giving the "reply" option a few extra seconds to load.

 

 

 


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Regular Contributor
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Re: NY: Fall-off Date Reference?

Letter feedback guys?

 

Dear [[Experian]]:

My recent credit report (Report Number XXXX-XXXX-XX) contains an error that violates The New York Fair Credit Reporting Act (FCRA) Section 380-J: Prohibited information, which states, in part, that:

 

 

(a)  No consumer reporting agency

  shall report or maintain in the file on a consumer, information:

 

           (iv)  accounts placed  for  collection  or charged to profit and loss

            which antedate the report by more than seven years; or  accounts  placed

             for  collection  or charged to profit and loss, which have been paid and

             which antedate the report by more than five years;

 

 

 

I attach the relevant portion of my credit file that indicates the account was paid, and proof that I’m a NYC resident (in form of a copy of my NY driver license).

 

My latest Experian report clearly shows the account was charged off to loss, and was paid. As you can see in my credit file, the account reflects a $0 balance.  Interestingly, the report also currently lists this charge off as an “Account in Good Standing,” but the entry still contains derogatory information, and should altogether no longer be listed on my report.

 

I am hopeful that Experian has mistakenly violated the NY statute, and not intentionally reported stale derogatory information. I would like to provide Experian the opportunity to remove this information, as the other 2 major credit reporting agencies did timely in the summer of 2009, per the relevant statute.

 

 

I would appreciate a reply within 10 business days of receipt of this letter, as derogatory information causes adverse actions that at this point are undeserved for a properly aged and paid account.

 

Kindly,

FISHY

TU Fako 640 (6/4/08), EXP FICO 605 (6/11/08), TU FICO 624 (7/3/08), EQ FICO 663 (6/9/08), EQ FICO 669 (8/18/08), EXP FICO 668 (8/18/08), TU FICO 663 (9/22/08),
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Frequent Contributor
Posts: 423
Registered: ‎10-25-2010
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Re: NY: Fall-off Date Reference?

I think your letter's fine. In fact, I should have taken the nicer approach as you did, as opposed to threats with everyone I could think of.

 

I'm no expert though. hoping someone with more experience will post.


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