topic Re: Experian not removing item in Rebuilding Your Credit

Experian not removing item

kal9988 — Mon, 14 Nov 2011 15:33:53 GMT

On my credit reports, I had a collection account that was paid. At the beginning of this month, it hit the 5 yeark mark from the date of first delinquency. As I live in New York stae, which states that paid collections drop off after 5 years, Equifax and TransUnion automatically dropped the account off. However, Experian did not. I filed a dispute and they denied it, stating:

This information is generally removed seven years from the initial missed payment that led to the delinquency. Missed payments and most public record items may remain on the credit report for up to seven years, except Chapters 7, 11 and 12 bankruptcies and unpaid tax liens, which may remain for up to 10 years. A paid tax lien may remain for up to seven years. Transferred accounts that have not been past due remain up to 10 years after the date the account was transferred

How should I proceed? Generally it is a 7-year rule, but New York State law says 5 years. Do I continue to dispute it or do I need to go to the BBB?

Thanks!

Re: Experian not removing item

CS800 — Mon, 14 Nov 2011 16:00:25 GMT

Corrected statememt in my next post for NY FCRA.

Re: Experian not removing item

kal9988 — Mon, 14 Nov 2011 15:45:32 GMT

New York State has its own FCRA that applies to New York State residents.

Re: Experian not removing item

CS800 — Mon, 14 Nov 2011 15:59:18 GMT

Good to know.

I think it states something like that:

"New York Residents only: Satisfied judgments remain for up to 5 years from the date filed; paid collections remain for up to 5 years from the Date of 1st Delinquency."

In your case if your collection has passed it's 5 years as per your DOFD, it should be removed.

Re: Experian not removing item

p- — Mon, 14 Nov 2011 19:22:47 GMT

@kal9988 wrote:
On my credit reports, I had a collection account that was paid. At the beginning of this month, it hit the 5 yeark mark from the date of first delinquency. As I live in New York stae, which states that paid collections drop off after 5 years, Equifax and TransUnion automatically dropped the account off. However, Experian did not. I filed a dispute and they denied it, stating:

This information is generally removed seven years from the initial missed payment that led to the delinquency. Missed payments and most public record items may remain on the credit report for up to seven years, except Chapters 7, 11 and 12 bankruptcies and unpaid tax liens, which may remain for up to 10 years. A paid tax lien may remain for up to seven years. Transferred accounts that have not been past due remain up to 10 years after the date the account was transferred

How should I proceed? Generally it is a 7-year rule, but New York State law says 5 years. Do I continue to dispute it or do I need to go to the BBB?

Thanks!

Usually the advice here is to do everything by mail, however I've found if I have something weird it helps to call the CB. Just dial up the 800 number for disputes on your report, and navigate through the maze to talk to a real person. They can tell you what the DOFD is on the account, and maybe even explain why it wasn't removed, as well as initiate a new dispute. You might also check to see if they have your correct current address, or if they think you live in another state.

Make sure you have the report in front of you, they will need the report number. Good luck!