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Who To Apply To About NY 5 Year Rule?

Established Contributor

Who To Apply To About NY 5 Year Rule?

DH's credit is great across the board now - except for an old $35 paid collection that I could never GW off, showing on Experian only.

 

The opening date of this was 1/1/08 - and we live in NY, so I should be able to get it off at this point, right?

 

I know that Experian likes to ignore the 5 year rule in NY - so should I dispute it with them, or write to the CA citing the NY law and ask therm to remove it?

 

BTW, I don't have a DOFD showing - is the "date open" enough?  This is how it looks on the report:

 

Date Opened:
01/2008
Date of Status:
03/2009
Reported Since:
04/2008
Last Reported Date:
03/2009

Type:
Collection
Terms:
1 Months 
Monthly Payment:
$0
Responsibility:
Individual 

Credit Limit:
$28
High Balance:
N/A 
Recent Balance:
N/A
Recent Payment:
N/A

 

 

______________________________________________________
DH starting scores 02/10/09: EX - 543, EQ - 543, TU - 554
Current scores: EQ - 750, TU - 732
My starting scores 03/13/10: EX - 711 (LO pull), EQ - 692, TU 701
Current scores: EQ 736, TU - 732
2 REPLIES
Epic Contributor

Re: Who To Apply To About NY 5 Year Rule?

Since the 5 years just happened, I'd give them till the end of the month and see if it is deleted.

 

If it's not, I'd send a copy of the NY FCRA with the part about the 5 year rule for paid collections and a letter asking for removal to the CRA.

 

EX doesn't use the DoFD, there should be a remark about when it will be removed.

Community Leader
Epic Contributor

Re: Who To Apply To About NY 5 Year Rule?

+1

The issue of CR exclusion is solely the responsibility of the CRA.  It is thus not an issue of inaccuracy of reported information, and is not addressed by way of the FCRA dispute processes.

It is an issue of CRA compliance with the NYS statute.  Send a complaint based on that statute.

 

Since EX uses a different interpretation of the NYS statute, continuing to base the date upon the reporting of the collection rather than the DOFD, you may anticipate a battle.

If they take that position, I would send a formal complaint to the FTC, arguing that they should be using the DOFD, as is the standard under the federal FCRA, and should be consistently applied, as is done by the other two CRAs, in interpretation of the NYS statute.

Perhaps the FTC will weigh-in.