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Experian Rep Lied About Accounts Being Deleted!

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Established Contributor

Experian Rep Lied About Accounts Being Deleted!

Ok so yesterday I was so excited because I called Experian and told her some accounts were supposed to fall off in Sept. 2018 according to THEIR reports. She asked what accounts, I told her, and she said ok! These accounts will be deleted within 24-72 hours. I get an email about a dispute, then the results like 5 min. later saying all accounts were UPDATED, not DELETED like she said! So I called back a few times, with no flippin help, and finally talked to someone else this morning. She said no, these accounts aren't set to be deleted until Jan. 2019. I told her well why would YOUR report say Sept. 2018 then? She couldn't give me an answer and just said "We'll look into it".

 

I'm so beyond pissed right now. I asked about the whole 3 month thing and all she kept saying was Jan. 2019. I'm sorry, but I'm pretty impatient and I need these off sooner rather than later. I want to trade in my piece of crap car before it gets worse and right now it's still worth what I owe. I'd like to be able to trade it in by the end of this month or next month, and would like as many bad things off my report as possible.

 

Should I call back and immediately ask for a supervisor? I keep getting different answers with each call and it's beyond frustrating! My score dropped 8 points and the only thing different was these stupid disputes. Literally nothing else changed... The rep kept saying the comments on the disputes were removed, so I don't even know what that means.

 

Any advice on this would be freaking great.

I’m probably never finding that garden everyone keeps talking about.


Score dropped ~15 points due to large balance transfer

Officially collection free as of 3/19/19!!
STARTING SCORES: 377 (11/2013) & 580 (3/2018)
7 REPLIES 7
Valued Contributor

Re: Experian Rep Lied About Accounts Being Deleted!

I was hoping RobertEG would pop in here and perhaps he still will...

 

It's going to hinge on the DOFD- Date of first delinquency.

I believe the rules/laws for derogs state they are eligible for removal after 7 years BUT not required to be removed until 7 yrs plus 180 days.

So per your report of DOFD do the math and see if they are 7 yrs plus 180 days old.

 

CHEERS




Message 2 of 8
Established Contributor

Re: Experian Rep Lied About Accounts Being Deleted!


@Pikaboo-icu wrote:

I was hoping RobertEG would pop in here and perhaps he still will...

 

It's going to hinge on the DOFD- Date of first delinquency.

I believe the rules/laws for derogs state they are eligible for removal after 7 years BUT not required to be removed until 7 yrs plus 180 days.

So per your report of DOFD do the math and see if they are 7 yrs plus 180 days old.

 

CHEERS


I was hoping, too, but he did answer my other questions so I'm happy! Cat Very HappyCat Very HappyCat Very Happy

 

There's 3 accounts and the DoFD is December 2018 for all of them. They keep saying January for some reason even though on my annualcreditreport.com report for Experian it says DoFD is December and it's "On record until Sept 2018" for all 3.

 

There's also a collection account from Collection Consultants of California (Medical-$1,600) that says "On Record Until October 2018" I'll fight for that one, too, if not deleted in October.

 

Called back today and they said the first 3 accounts can't be deleted until tomorrow. She promised she'd make a note so I wouldn't have to go through all this again, so we'll see what happens tomorrow! I have the day off, so I have nothing but time lol.

I’m probably never finding that garden everyone keeps talking about.


Score dropped ~15 points due to large balance transfer

Officially collection free as of 3/19/19!!
STARTING SCORES: 377 (11/2013) & 580 (3/2018)
Message 3 of 8
Community Leader
Legendary Contributor

Re: Experian Rep Lied About Accounts Being Deleted!

Are the derogs that are up for consideration monthly delinquencies, or a charge-off?

Additionally, is the account now in good-standing, with the derogs only being shown in the payment history profile, or is the account itself still delinquent, and thus have a current status of some level of delinquency?

 

The FCRA sets exclusion of individual adverse items of information, and thus the type and date of each derog must individually be considered in order to determine its max required exclusion date.

Monthly delinquencies, for example, have an exclusion date of no later than 7 years from the date of initial account delinquency, while a charge-off separately has an exclusion date of no later than 7 years plus 180 days from the DOFD.

 

Exclusion of an entire account only comes into consideration if the account still remains in a current delinquency status, which is a separate adverse item with its own exclusion period.  If the account, however, has been paid, then there is no required exclusion consideration for the entire account.  Exclusion would apply only to the prior account history derogs.

 

Thus, one must know each type of derog that has been reported (i.e., whether a montly delinquency or a charge-off), and whether the account remains in an unpaid, delinquency status in order to determine each of the credit report exclusion determinations.

The CRA is only in violation if the max exclusion date has actually expired for a given adverse item of information.

Otherwise, exclusion requests prior to the max required exclusion date are purely voluntary by the CRA.

Message 4 of 8
Established Contributor

Re: Experian Rep Lied About Accounts Being Deleted!


@RobertEG wrote:

Are the derogs that are up for consideration monthly delinquencies, or a charge-off?

Additionally, is the account now in good-standing, with the derogs only being shown in the payment history profile, or is the account itself still delinquent, and thus have a current status of some level of delinquency?

 

The FCRA sets exclusion of individual adverse items of information, and thus the type and date of each derog must individually be considered in order to determine its max required exclusion date.

Monthly delinquencies, for example, have an exclusion date of no later than 7 years from the date of initial account delinquency, while a charge-off separately has an exclusion date of no later than 7 years plus 180 days from the DOFD.

 

Exclusion of an entire account only comes into consideration if the account still remains in a current delinquency status, which is a separate adverse item with its own exclusion period.  If the account, however, has been paid, then there is no required exclusion consideration for the entire account.  Exclusion would apply only to the prior account history derogs.

 

Thus, one must know each type of derog that has been reported (i.e., whether a montly delinquency or a charge-off), and whether the account remains in an unpaid, delinquency status in order to determine each of the credit report exclusion determinations.

The CRA is only in violation if the max exclusion date has actually expired for a given adverse item of information.

Otherwise, exclusion requests prior to the max required exclusion date are purely voluntary by the CRA.


Not sure how to answer your questions, but I'll try...

 

These are the accounts I'm trying to have deleted:

 

CES/ALL SLC REDEEM

Account Type:  Education Loan

Date Opened:  Dec 1, 2006

Account Status:  Closed

Payment Status:  Account transferred to another office

120+ days late since Dec 2011

 

CES/ALL STUDENT LN

Company Sold:  EdServicer Sallie Mae

Account Type:  Education Loan

Date Opened:  Feb 1, 2008

Account Status:  Closed

Payment Status:  Account transferred to another office

Comments:  Account closed due to transfer or refinance

120+ days late since Dec 2011

 

**Information taken from Experian.com

 

These accounts are from a student loan(s)? I had back in 2006. I never paid them, and they were eventually transferred/closed. I honestly don't know what was transferred where, because I had my wages garnished for a student loan, and I also pay $70 to Navient who allowed me to rehab my student loan. I guess I had 2 of them? . My report shows 120+ late for these accounts. So it shows as transferred/closed and DoFD is Nove/Dec 2011 on some reports, and Jan 2012 on others.

 

I was successful in getting the US Dept of Education account deleted from Experian. That, too, showed 120+ late payments and had a DoFD of Dec 2011. So I guess I'm not delinquent with any of these accounts because one was already garnished at the beginning of this year (fully paid in 2 months) and the other I'm making payments on to Navient (perfect payment history). It just shows negative payment history, and that's what I want removed. I only have one other 30 day late from 2013 from my car loan, and that's it. I've had perfect payment history since 2013.

I’m probably never finding that garden everyone keeps talking about.


Score dropped ~15 points due to large balance transfer

Officially collection free as of 3/19/19!!
STARTING SCORES: 377 (11/2013) & 580 (3/2018)
Message 5 of 8
Valued Contributor

Re: Experian Rep Lied About Accounts Being Deleted!

Having prior lates deleted is going to be strictly up to the willingness of the lender to delete them. I know that with some student loans, you may be out of luck as they will not alter information in some cases (I have none so I don’t know the specifics, perhaps someone who does will chime in), but being that your loan is now in good standing with a back history of lates, your best course to address them is a GW letter campaign. The search feature will bring up the process and how to go about it.


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Entering the garden 5/27/2019, staying until 2020
(Lol so much for that grand plan...)
Message 6 of 8
Community Leader
Legendary Contributor

Re: Experian Rep Lied About Accounts Being Deleted!

The Higher Education Act includes sections relating to certain types of federal student loans that exempts them from the normal credit report exclusion provisions set forth in the FCRA, and also requires reporting of derogs on the loans, both of which apply until the loan is paid in full.

If those provisions of the Higher Education Act apply to your loan, the CRA will not exclude under the normal 7 year provisions until the loan is paid, and lendors will not grant good-will deletions.

Message 7 of 8
Established Contributor

Re: Experian Rep Lied About Accounts Being Deleted!


@RobertEG wrote:

The Higher Education Act includes sections relating to certain types of federal student loans that exempts them from the normal credit report exclusion provisions set forth in the FCRA, and also requires reporting of derogs on the loans, both of which apply until the loan is paid in full.

If those provisions of the Higher Education Act apply to your loan, the CRA will not exclude under the normal 7 year provisions until the loan is paid, and lendors will not grant good-will deletions.


Thank you for your infinite wisdom! I was able to get those 2 accounts deleted today, so I'm guessing my loan didn't fall under those privisions.

 

The loan is not paid in full, as it was rehabbed with Navient a few years ago. Found out today I would qualify for the loan forgiveness for working for a government agency, but that's with 120 on time payments, and my loan will be fully paid by then lol. I'm just happy those 120+ late accounts are gone! Only 1 30 day late payment on my report from 5 years ago. I'm doing a quiet happy dance at my desk at the moment.

I’m probably never finding that garden everyone keeps talking about.


Score dropped ~15 points due to large balance transfer

Officially collection free as of 3/19/19!!
STARTING SCORES: 377 (11/2013) & 580 (3/2018)
Message 8 of 8
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