Date of First Deliquency/ EQ reporting wrong

[annielorie]

I just got off with Equifax I need some help.  I have called on a dispute I sent in on Feb 2nd this yeaR. i DISPUTED THE dATE OF FIRST DELIQUENCY.  THey have put in in as date of last activity.  In the past three weeks I have recieved three different dates  they received by equifax for the same dispute confirmation # back in March 26th where they told me it would be resolved by 3/28  The rep said it is to fall off naturallly on JUly of this year I cant wait for that what can I do to have this removed sooner write AFNI  to cease or Write letter equifax stating I will sue for reporting wrong information plz help!!

[annielorie]

Come on where are all the veterans

[omskillet]

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@annielorie wrote:

I just got off with Equifax I need some help.  I have called on a dispute I sent in on Feb 2nd this yeaR. i DISPUTED THE dATE OF FIRST DELIQUENCY.  THey have put in in as date of last activity.  In the past three weeks I have recieved three different dates  they received by equifax for the same dispute confirmation # back in March 26th where they told me it would be resolved by 3/28  The rep said it is to fall off naturallly on JUly of this year I cant wait for that what can I do to have this removed sooner write AFNI  to cease or Write letter equifax stating I will sue for reporting wrong information plz help!!

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Its a bit confusing what your issue is here. EQ has the wrong DOFD and you've verified and have proof that its wrong from the OC or CA that reported this account to them?

[annielorie]

Yes the OC told me that the last payment made was in 2004 December. EQ says that they contacted afni and the DOLA was july 2005 and that is the date they go by at equifax. I expLAINED TO THE rep that they cannot report inaccurate information as per the FCRA They say Afni said it was july 2005 and to just wait it out. Still no decision on this from EQ as per email .  Quandry EQ has sent me three different dates for this dispute being recieved going back to march 24th  they sent me notification that it would be decided by 3/28

Then I got 2 more confirmation emails on april 7th and april 10th that they recieved my dispute.  What gives? what should I do sent letter to Afni that they are reporting a date that is wrong and ill sue or to EQ that the reporting is wrong and ill sue.  HELP

[IOBA]

annielorie - Negative information, such as accounts that go to collections, can report as long as 7.5 yrs from DOFD.   It sounds like the account was charged off.

If that is the case, than AFNI is reporting accurately and the date of fall off of your credit report is also accurate.  A missed payment of December 2004 would be a 30 day late in January 2005.   Add 7.5 years and it comes to July 2012.

July 2012 is only a few months away.   I'd just wait it out.

[RobertEG]

I dont see a clear statement of what DOFD was reported to the CRA, and who reported it.

Its a two-step process.  The creditor, if reporting when they did either a charge-off or referred the account for collection, was required to have reported the DOFD on their account to the CRA within 90 days.  Similarly, any collection reported by a debt collector requries them to also report the DOFD on the OC account to the CRA within 90 days.

What DOFD is the CRA relying on, and who reported it?

Step two is the CRA monitoring of the reported DOFD for purposes of determining CR exclusion.  I cant believe that any CRA will tell you that they use the DOLA rather than a reported DOFD to determine CR exclusion.  That is blatantly contrary to FCRA 605(c).  Period.

I would immediately send off a request under FCRA 609(a)(1) and (2) to the CRA, asking them for the DOFD reported to them by both the OC and the debt collector, including who reported it,when it was reported, and the DOFD provided.  They must provide you that information..... but be sure to include the required $11.00 processing fee.

That would give you, in your hands, the definitive reportings of the DOFD.  From that point, if the CRA includes the collection in your CR after 7 years plus 180 days from that reported DOFD, then they are in violation of FCRA 605(c).  The use of DOLA is not even a remote defense by the CRA.

[annielorie]

Thanks robert Ill send it off tommorow with 11 dollars for the DOFD I basically said everything you said including that they were violating the Fcra oh my god the last one is on my nerve!!!