I'm having issues with disputing debt with Equifax

[Starr79]

I had a credit card I went delinquent on in early 2004. I never made another payment. Last month I saw on my Equifax report that it was on there twice. Once with a zero balance charge off from OC, and a second time with a CA, with the total I owed. They both reported same amount and open date, but all other dates were different. I asked Equifax through their online dispute process to remove both because it was past 7.5 years since my last payment. They removed the OC, and said the CA verified so it was staying on. I called and disputed it again, stating that it was the same debt as the other one and that it needed to be removed also. They said they would look into it again and opened another dispute. 4 weeks later they said the results were again verified, and they would not remove it.

Here is the kicker, about 5 days before they gave me the results, another CA claiming to now own the debt sent me a letter requesting half of what I owed.

I guess I am just looking for some advice at this point. I know that this is old enough to not be on my report, but for some reason they are going with the dates the CA gave them, and don't seem to be listening at all to me. I don't understand how they can delete my OC tradeline, and not the CA???What should I do next? Will it even help to dispute with this new CA?

[llecs]

What's the DOFD listed on your CRs?

The CRTP is up in 7 to 7.5 years so it should be coming off soon anyway. Both the OC and CA could have reported, though.

Do you have any old reports (or current) for EQ, or any old statements from the OC that show the DOFD being prior to 5/2004? And did you dispute with that info?

The OC might have just given up and instructed the deletion.

Had you sent a DV letter to CA#1? Send it yet to CA#2? The second could be assigned to collect for the first or maybe they bought it and CA#1 didn't delete. Confirm that you are past SOL too.

[Starr79]

I dont have anything from any of them stating 2004 at all. Another twist is the the OC was actually Providian Visa, which was bought by the company that was reporting as OC.

I was very detailed with the first dispute, and pointed out the different dates both the OC and CA were reporting. But Equifax dosent look at what you tell them apparenty. A simple glance at them both would have told them they are different.

I have one credit report that I believe said June of 05 was the last payment. 6 years is SOL in Oregon, so I should be ok if I was to show that.  

The CA that was disputed is reporting date of 1st deliquency as being 9/2005. They are reporting date major delinquency first reported 12/06. So when will this drop off? I'm still not wanting to give up the fight.

[llecs]

SOL is important to know just in case they try to sue. You're OK.

I'd contact Providian/WaMu/Chase to see if they have anything. Somewhere in their records after these acquisitions they have the original statements. If you can show that you were late first, and never recovered, prior to 9/2005, then it would be worth pursuing. Based on a 9/2005 DOFD, the drop off should be anywhere from 9/2012 to 3/2013, with the likelihood it'll fall off before next fall.

In the meanwhile, send both CAs a DV.

[RobertEG]

Do you have adequate account records to show the payment history?

DOFD is just a reported date, and is not gospel just because this or that date is of record in your credit file.

If you can provide proof of incorrect reporting of the DOFD of record, the party at fault is the one who reported it to the CRA.

Establish the true DOFD from your own records.  The best proof.  Then get the reported date from the CRA, if needed, by filing a request for their disclosure of the date contained in your credit file.  Such requests are covered under FCRA 609(a)(1).

The CRA is not at fault until such time as they continue to include the adverse item in your CR based on the date reported to them.  Both the charge-off and collection have the same CR expiration date, which is simply 7 years plus 180 days from the DOFD on the OC account.  You need to establish accuracy of the DOFD in your credit file, and then dispute its reporting if inaccurate.  it all flows from that date.

[Starr79]

Unfortunately being bad at staying on top of my bills meant not keeping good records either. I know I stopped paying then because that's when I lost a job I had for 6 years, and then moved out of state. Proving it would be hard.