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I am currently purchasing a home with all the help I have received from others at myfico.com. In order to go with the UDSA RD loan I had to pay a 6 year old utility bill. EQ and TU removed the collection from my account however XP reinstated the collection with a new removal date 7 years from now. The original date the collection should have been removed was May of this year. Along with that it shows the account paid but with 30, 60, 90, and 120 day late along with a CO. They will not remove it and said that since it was paid it will remain on my CR for another 7 years. Is there any way to get it removed?
The only date that is relevant to the exclusion of a charge-off is the DOFD. See FCRA 605(c), which clarifies the exclusion date of either a charge-off or collection.
Note, however, that the exclusion period is no later than 7 years plus 180 days from the DOFD, not 7 years.
The exclusion at 7 years is a courtesy early exclusion on the part of a CRA, and there is no violation until after 7 years plus 180 days.
They are clearly wroing as a matter of law in resetting the exclusion date based on any other date
In fact, regardless of what that rep said, I would venture that exclusion will necessarily still occur prior to the 7 years plus 180 days from the DOFD.
Theri exclusion algorithm is certainly not programmed to do any reset. You simply have a very unknowledgable rep giving bad info.
I would keep calling up the mangement chain until you locate someone who knows the law.
Total CL: $321.7k | UTL: 2% | AAoA: 7.0yrs | Baddies: 0 | Other: Lease, Loan, *No Mortgage, All Inq's from Jun '20 Car Shopping |
Do you know if this is the same for Public records? I have a public record that has been removed early from all reports except for EQ that was paid in full and says satisfied for more than 2 years now. However it still has a few years before it reaches the 7 year mark? Thanks for all the info.
The 7 year exclusion period for a paid judgment is based on the date of entry of the judgment, not the date it was satisfied.
So, no, payment did not reset the exclusion date.
The exclusion period for an unpaid judgment can, under the provisions of FCRA 605(a)(2), be extended past 7 years from date of entry of the judgment, as the statute bases exclusion on the later of 7 years from date of entry OR the expiration of the period of enforceability of the judgment.
However, the CRAs will normally still exclude an unpaid judgment at 7 years, disregarding the extension permitted while the judgment remains enforceable.
Thus, it will likely still be excluded if unpaid, but is not requried to be.