How can I get two baddies taken off of my report that are 9/10 years old?

[Anonymous]

Hello All I only have two baddies on my report from medical debt when I was 19, They fell off earlier this year and then in April were put back onto my report by a collection agency known as Commonwealth Financial I thought I could dispute them because There hasn't been any activity on them and we are way past the statute of limitations here in my state. But my disputes were denied I suppose I could have done them wrong as I did them online and there wasn't a place to put past the limits or anything. So I am wondering what I can do if anything? 

[RobertEG]

What was the asserted inaccuracy that was the basis for your dispute?

Exclusion of a collection is based on it having reached the credit report exclusion date set forth under the FCRA (sections 605(a)(4) and 605(c)), which is no later than 7 years plus 180 days from the DOFD on the account with the original creditor.

When a collection is reported, the debt collector is required under FCRA 623(a)(5) to report the DOFD to the CRA no later than 90 days after they report the collection.  The CRA then monitors date since DOFD, and excludes no later than 7 years plus 180 days after the reported DOFD (they normally exclude at approx 7 years from DOFD).

Thus, the basis for a dispute of continued showing of a collection is either that more than 7 years plus 180 days has expired from the reported DOFD (in which case the CRA is in violation), or the debt collector has reported an inaccurate DOFD which is still within the 7 years plus 180 days statutory period.  What is the reported DOFD?

As an aside, no mention should be made of your state SOL having expired, as that is irrrelevant to credit report exclusion.

Exlcusion of a collection is based ONLY on the period since DOFD.

[Anonymous]

It has been 9/10 years for these two collections/Baddies So I assumed we were past the Credit reporting period? They didn't have a selection on Equifax or TU site for disputing it for being past the limits so I just did check the accuracy of them. 

[Anonymous]

Each bureau has different options for dispute, but there should be something about it being too old to report.  Try calling the CRAs and doing a phone dispute.  

[trusty]

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@RobertEG wrote:

What was the asserted inaccuracy that was the basis for your dispute?

Exclusion of a collection is based on it having reached the credit report exclusion date set forth under the FCRA (sections 605(a)(4) and 605(c)), which is no later than 7 years plus 180 days from the DOFD on the account with the original creditor.

When a collection is reported, the debt collector is required under FCRA 623(a)(5) to report the DOFD to the CRA no later than 90 days after they report the collection.  The CRA then monitors date since DOFD, and excludes no later than 7 years plus 180 days after the reported DOFD (they normally exclude at approx 7 years from DOFD).

Thus, the basis for a dispute of continued showing of a collection is either that more than 7 years plus 180 days has expired from the reported DOFD (in which case the CRA is in violation), or the debt collector has reported an inaccurate DOFD which is still within the 7 years plus 180 days statutory period.  What is the reported DOFD?

As an aside, no mention should be made of your state SOL having expired, as that is irrrelevant to credit report exclusion.

Exlcusion of a collection is based ONLY on the period since DOFD.

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I would say to file a claim with the CFPB... but, if you read the news - they may not be quite as effective as they have in the past.

But, it certainly doesn't hurt to try.

This would be something to consider if the expired data isn't removed, of course.

[RobertEG]

The issue is one of whether or not the debt collector reported an inaccurate DOFD.

Thus, the first step is to determine what they reported.  If it is inaccurate, then a dispute should be filed.

However, if the DOFD is accurate, then the issue would not be its reporting, but rather violation by the CRA of mandated exclusion of the collection.

If the commercial credit report does not show the reported DOFD, then either obtain a report from annualcreditreport.com or directly from the CRA.  

Once you have determined what the issue is (i.e., inaccurate reporting of the DOFD, or an accurate DOFD but failure of the CRA to have excluded), then you can file a dispute and contest the inaccuracy of lack of exclusion.

It is premature to file a complaint with the CFPB, as it is not yet clear as to who or what is at fault.