topic Collection EDOR last year , still on report? in Rebuilding Your Credit

Collection EDOR last year , still on report?

Anonymous — Sat, 23 Jan 2010 16:04:03 GMT

I know I've posted about this before but I just checked my TU again and now it has this listed for my collections

American Agencies

Balance: $5,274 Date Updated: 11/2009

Original Balance: $3,251

Original Creditor: 07 KATHERINE GIBBS SCHOOL INC Past Due: >$5,274< Pay Status: >Collection Account< Account Type: Open Account Responsibility: Individual Account Loan Type: Collection Agency Attorney Remark: >Placed for collection<Date placed for collection: [ 11/2003]

Estimated date that this item will be removed: 08/2008

Asset Acceptance

Balance: $91

Date Updated: 03/2006 Original Balance: $259 Original Creditor: Z TEL COMMUNICATIONS Past Due: >$91< Pay Status: >Collection Account< Account Type: Open Account Responsibility: Individual Account Loan Type: Factoring Company Account Remark: >Placed for collection<Date placed for collection: [ 12/2004]

Estimated date that this item will be removed: 07/2008

Calvary

Balance: $180 Date Updated: 12/2009 Original Balance: $180 Original Creditor: 01 AT T Past Due: >$180< Pay Status: >Collection Account< Account Type: Open Account Responsibility: Individual Account Loan Type: Collection Agency Attorney Remark: >Placed for collection<Date placed for collection: [ 03/2006]

Estimated date that this item will be removed: 01/2008

Harvard Collections

Balance: $71

Date Updated: 02/2008

Original Balance: $71 Original Creditor: 10 SPRINT Past Due: >$71< Pay Status: >Collection Account< Account Type: Open Account Responsibility: Individual Account Loan Type: Collection Agency Attorney Remark: Account information disputed by consumerDate placed for collection: [ 11/2007]

Estimated date that this item will be removed: 03/2008

According to TUs EDOR these all should have come off last year, this report is from 1/9/10. How can I go about having these removed?

Correction not LAST year, but the year before.

Message Edited by Col913 on 01-23-2010 08:04 AM

Re: Collection EDOR last year , still on report?

llecs — Sun, 24 Jan 2010 02:14:01 GMT

If you have a recent CR pulled directly from TU that shows a drop off date from the past, then you can dispute each as being obsolete.

Re: Collection EDOR last year , still on report?

RobertEG — Sun, 24 Jan 2010 08:30:11 GMT

It seems from the info you have provided that they should all have dropped from your CR, but since they have apparently not, here is my advice.

First, the law is clear. FCRA 605(c) sets a single, date-certain after which a collection can no longer appear in your credit report. That date is the date you first went into default on the original creditor (OC) account, and was not thereafter returned to paid status by the OC. before the collection was posted. That is your DOFD. It has absolutely nothing to do with the date the collection agency (CA) posted to your credit report, or any subsequent activity posted by the CA.

The problem with DOFD is determining when it actually was, and then if that DOFD was correctly reported to the CRAs.

The legal, court determination is provided by way of your individual monthly account statements from the OC.

So how does the creditor reporting of DOFD get into your credit file, and what date does the CRA use?

That is the entire intent of FCRA 623(a)(5)(A). This section of the FCRA requires the OC to report to the CRA the DOFD on any debt that they have placed into colllection within 90-days of placing the collection. That is the date the CRA uses to determine compliance with the 7 1/2 drop off date set forth in FCRA 605(c).

Commercial credit reports are notoriously incorrect in reflecting the actual DOFD.

You can obtain what the OC has officially reported to the CRA. Sample letter, sent only to each pertinent CRA, and NOT the OC or CA::

"This is a request under FCRA 609(a)(1) for "all information in the consumer's credit file at the time of the request" of any prior reporting to my credit file of the date of first delinquency/FCRA Compliance Date recorded in my credit file.

"More specifically, if you are uncertain as to the specific information I request, this information was required to have been provided to you under FCRA 623(a)(5)(A) and (B) due to the posting in my credit file of a collection by (name, account, etc) on a debt purportedlly owed to the original creditor, (name, account, etc.). It is thus a requried statutory post to my credit file, of which I seek disclosure.

"I recognize that this is a request that requries payment to you of the fee set forth in FCRA 612(f), which is currently $10.50.

Enclosed is a check payable to you, as the responsible credit reporting agency, in the amount of $10.50."

"This is NOT a dispute of credit reporting under FCRA 611(a), and thus requires NO referral to any creditor for verifiation or validation. It is just simply a request for dislosure of what is in my consumer credit file with you."

Message Edited by RobertEG on 01-24-2010 12:23 AM

Message Edited by RobertEG on 01-24-2010 12:30 AM