topic Re: Equifax Date of first delinquency in Rebuilding Your Credit

Equifax Date of first delinquency

911gt34life — Sun, 27 Aug 2023 00:11:10 GMT

trying get this remove to clean my EQ but do you think Date of first delinquency is wrong i mean should be 12/2016

Re: Equifax Date of first delinquency

CH-7-Mission-Accomplished — Sun, 27 Aug 2023 01:25:44 GMT

@911gt34life wrote:
trying get this remove to clean my EQ but do you think Date of first delinquency is wrong i mean should be 12/2016

Since it shows a 30-day late in 10/17, that means it had to be current in 9/17. The account had been brought current by 9/17. The DOFD for roll-off date should be 10/17, assuming the loan was never brought current again. We can't actually see the chargeoff date since many months have no data from 3/18 to 5/19.

Re: Equifax Date of first delinquency

OCONUS — Sun, 27 Aug 2023 19:24:16 GMT

I have recently got three items off by sending in old paper reports to CFPB showing that Equifax changed DOFD several time. If you have a paper copy from annual credit report, it will show far more information to help you pinpoint. In a lawsuite from someone on DOFD, Equifax responded,

Together with its motion, Equifax has provided evidence that, contrary to the
Seventh Circuit’s belief, it does not use the “Date of Last Activity” field for any purpose
other than to disclose the date from which the consumer’s purge date is calculated.

"Equifax further states that the purge date for a particular account is, in fact, determined
by the date of first delinquency that led to the account being sent for collection or
charged off. Equifax represents that later activity on an account, such as a late
payment, does not alter the date disclosed in the “Date of Last Activity” field. Equifax
states that to determine whether it is accurately reporting the date from which an
account will be purged, a consumer “only needs to follow two steps: (1) add seven
years to the date shown in the “Date of Last Activity” field and (2) compare the resulting
date to the purge date indicated by her personal records.”

https://www.govinfo.gov/content/pkg/USCOURTS-ilnd-1_05-cv-00138/pdf/USCOURTS-ilnd-1_05-cv-00138-1.pdf

Re: Equifax Date of first delinquency

CH-7-Mission-Accomplished — Sun, 27 Aug 2023 20:39:47 GMT

@OCONUS wrote:
I have recently got three items off by sending in old paper reports to CFPB showing that Equifax changed DOFD several time. If you have a paper copy from annual credit report, it will show far more information to help you pinpoint. In a lawsuite from someone on DOFD, Equifax responded,

Together with its motion, Equifax has provided evidence that, contrary to the
Seventh Circuit’s belief, it does not use the “Date of Last Activity” field for any purpose
other than to disclose the date from which the consumer’s purge date is calculated.

"Equifax further states that the purge date for a particular account is, in fact, determined
by the date of first delinquency that led to the account being sent for collection or
charged off. Equifax represents that later activity on an account, such as a late
payment, does not alter the date disclosed in the “Date of Last Activity” field. Equifax
states that to determine whether it is accurately reporting the date from which an
account will be purged, a consumer “only needs to follow two steps: (1) add seven
years to the date shown in the “Date of Last Activity” field and (2) compare the resulting
date to the purge date indicated by her personal records.”
https://www.govinfo.gov/content/pkg/USCOURTS-ilnd-1_05-cv-00138/pdf/USCOURTS-ilnd-1_05-cv-00138-1.pdf

I read the opinion and it doesn't say anything different than what I stated.

I think you may misunderstood what is meant by the date of first delinquency date. For credit bureau purposes, DOFD is usually the first 30-day late that led, in an unbroken sequence, to the ultimate charge-off (180 days), without ever having been brought current again.

Based on the 30-day late I referenced, the account was likely brought current in August or one of those couple of months prior to August that we can't see since there's no information for those months.

There is nothing contrary in that court opinion to this:

"The amendments specified that the seven-year period during which information about a consumer’s delinquent account may be disclosed to businesses must begin six months after 'the date of commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.' 15 U.S.C. § 1681c(c)(1).'"

This means that technically you are not entitled to count the first 30-day late that I pointd out as the DOFD for the 7-year rule, but that date is the conservative date that at least some of the credit bureaus use -- which is to your benefit. The credit bureaus could actually use the month/year that the account was charged off when it reached 180 days past due.

I'm not a lawyer though I'm married to one and I have worked as a court reporter for 35 years in Federal and Superior Court, so I have read a lot of court opinions in my time.

No more from me on this. I'm trying to help you. Feel free to dispute with the bureaus or file a lawsuit. And if the opinion had been counter to what I have said, keep in mind that US Appellate court decisions only apply to the District courts in that circuit and there are 12 of them. Only US Supreme Court decisons apply to all 12 districts and all 50 states.

Re: Equifax Date of first delinquency

OCONUS — Sun, 27 Aug 2023 21:52:18 GMT

@CH-7-Mission-Accomplished wrote:
@OCONUS wrote:
I have recently got three items off by sending in old paper reports to CFPB showing that Equifax changed DOFD several time. If you have a paper copy from annual credit report, it will show far more information to help you pinpoint. In a lawsuite from someone on DOFD, Equifax responded,

Together with its motion, Equifax has provided evidence that, contrary to the
Seventh Circuit’s belief, it does not use the “Date of Last Activity” field for any purpose
other than to disclose the date from which the consumer’s purge date is calculated.

"Equifax further states that the purge date for a particular account is, in fact, determined
by the date of first delinquency that led to the account being sent for collection or
charged off. Equifax represents that later activity on an account, such as a late
payment, does not alter the date disclosed in the “Date of Last Activity” field. Equifax
states that to determine whether it is accurately reporting the date from which an
account will be purged, a consumer “only needs to follow two steps: (1) add seven
years to the date shown in the “Date of Last Activity” field and (2) compare the resulting
date to the purge date indicated by her personal records.”
https://www.govinfo.gov/content/pkg/USCOURTS-ilnd-1_05-cv-00138/pdf/USCOURTS-ilnd-1_05-cv-00138-1.pdf
I read the opinion and it doesn't say anything different than what I stated.

I think you may misunderstood what is meant by the date of first delinquency date. For credit bureau purposes, DOFD is usually the first 30-day late that led, in an unbroken sequence, to the ultimate charge-off (180 days), without ever having been brought current again.

Based on the 30-day late I referenced, the account was likely brought current in August or one of those couple of months prior to August that we can't see since there's no information for those months.

There is nothing contrary in that court opinion to this:

"The amendments specified that the seven-year period during which information about a consumer’s delinquent account may be disclosed to businesses must begin six months after 'the date of commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.' 15 U.S.C. § 1681c(c)(1).'"

This means that technically you are not entitled to count the first 30-day late that I pointd out as the DOFD for the 7-year rule, but that date is the conservative date that at least some of the credit bureaus use -- which is to your benefit. The credit bureaus could actually use the month/year that the account was charged off when it reached 180 days past due.

I'm not a lawyer though I'm married to one and I have worked as a court reporter for 35 years in Federal and Superior Court, so I have read a lot of court opinions in my time.

No more from me on this. I'm trying to help you. Feel free to dispute with the bureaus or file a lawsuit. And if the opinion had been counter to what I have said, keep in mind that US Appellate court decisions only apply to the District courts in that circuit and there are 12 of them. Only US Supreme Court decisons apply to all 12 districts and all 50 states.

My apologies. I did not post that to contradict you, I posted that for OP to have clarity on what you said about lack of more information on any more payments and apart from yours, precisely on EQ failure.

Re: Equifax Date of first delinquency

FireMedic1 — Sun, 27 Aug 2023 22:19:59 GMT

@911gt34lifepull one of your real reports from annualcreditreport.com. Look for the progression of the lates to CO. First late before CO is the real DoFD.

Re: Equifax Date of first delinquency

CH-7-Mission-Accomplished — Sun, 27 Aug 2023 22:43:43 GMT

Excellent advice.

Re: Equifax Date of first delinquency

911gt34life — Mon, 28 Aug 2023 01:36:48 GMT

this account been remove from ex and tu just need this gone... anyway this what i found wondering if EQ willing change it to 01/2024 ...

Re: Equifax Date of first delinquency

FireMedic1 — Mon, 28 Aug 2023 09:58:28 GMT

The missing no data blocks makes it hard to tell. If you were 30 days late the 3 months before the 60 only from what is shown it appears correct 07/24.