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SOL confusion

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terrymac
New Contributor

SOL confusion

Hi everyone,

 

Am hoping someone can help me again. Really trying to clean up my CR and so far, you guys have been brilliant. Thanks for the info and advice and please don't get tired of me asking.

 

OK, so I have an old EXPRESS account that went delinquent back in 2001, I am guessing. On my EQ free annual report, it says the date of last payment was 10/2001. Date of last activity was also 10/2001. The account was closed in 12/2005 and I am not sure by whom. Me, or EXPRESS. It does not list what the DOFD was, in that space, it just says, N/A. Since it is saying on the EQ report that the date of last payment was 2001, is that when the SOL began? SInce no other payments were made after that.

 

Anyway, I contacted Express to see if I could get this taken off my report and I was direct to a CA who is now hounding me.  Can they do this? Hasn't the SOL expired for this account? I am located in NY, if that helps. I really thought this would have fallen off my CR already since it has been so long. Any info you guys can provide would be great. Thanks again

06/02/2011 TU 614; EQ 614
07/01/2011 TU 616; EQ 615
07/08/2011 EQ 625
08/08/2011 EQ 644; TU 621
09/16/2011 EQ 678
Message 1 of 6
5 REPLIES 5
Anonymous
Not applicable

Re: SOL confusion


@terrymac wrote:

Hi everyone,

 

Am hoping someone can help me again. Really trying to clean up my CR and so far, you guys have been brilliant. Thanks for the info and advice and please don't get tired of me asking.

 

OK, so I have an old EXPRESS account that went delinquent back in 2001, I am guessing. On my EQ free annual report, it says the date of last payment was 10/2001. Date of last activity was also 10/2001. The account was closed in 12/2005 and I am not sure by whom. Me, or EXPRESS. It does not list what the DOFD was, in that space, it just says, N/A. Since it is saying on the EQ report that the date of last payment was 2001, is that when the SOL began? SInce no other payments were made after that.

 

Anyway, I contacted Express to see if I could get this taken off my report and I was direct to a CA who is now hounding me.  Can they do this? Hasn't the SOL expired for this account? I am located in NY, if that helps. I really thought this would have fallen off my CR already since it has been so long. Any info you guys can provide would be great. Thanks again


 

What is an "EXPRESS" account?  Are you talking about an American Express credit or charge card account?  The type of debt is important when it comes to determine how long it can live on your credit report.

 

The SOL is how long someone has to sue you over a debt and not how long it can remain on your credit report.  Depending on the type of debt, the CRTP (credit reporting time period) can run about 7.5 years from the date your account first went delinquent and you never got caught up.  The SOL would start, on most debts, from the day after you failed to pay your last payment due.

Message 2 of 6
terrymac
New Contributor

Re: SOL confusion

Hi,

 

Thanks for answering. Express, is ExpressFashion, the clothing store. Sorry about the confusion. I opened a store card with Express in 05/1994, but because of circumstances, I fell behind with the payments and the last payment was made in 10/2001, which is also the date of last activity. It is reporting a $0 balance and says it is "pays as agreed."  In the activity disignator, is says that it has been,  transfered/sold.  There is no DOFD, which I am thinking has to be 10/2001 since that is showing when I first fell behind with the payments. On the report, is says date reported is: 03/2009. Is that the date they go by when calculating the 7.5 years? I have a CA coming after me for this debt and am unsure what to do. 

06/02/2011 TU 614; EQ 614
07/01/2011 TU 616; EQ 615
07/08/2011 EQ 625
08/08/2011 EQ 644; TU 621
09/16/2011 EQ 678
Message 3 of 6
Anonymous
Not applicable

Re: SOL confusion


@terrymac wrote:

Hi,

 

Thanks for answering. Express, is ExpressFashion, the clothing store. Sorry about the confusion. I opened a store card with Express in 05/1994, but because of circumstances, I fell behind with the payments and the last payment was made in 10/2001, which is also the date of last activity. It is reporting a $0 balance and says it is "pays as agreed."  In the activity disignator, is says that it has been,  transfered/sold.  There is no DOFD, which I am thinking has to be 10/2001 since that is showing when I first fell behind with the payments. On the report, is says date reported is: 03/2009. Is that the date they go by when calculating the 7.5 years? I have a CA coming after me for this debt and am unsure what to do. 


 

I could be wrong, but it sounds like the tradeline is not derogatory.  Does it show late payments?  Chargeoffs?

 

Sometimes what happens is that you have, for example, a Bank of America account that goes bad.  The negative items like late payments stay for 7 years and fall off.  The tradeline itself showing non-negative information can stay about 10 years.

 

The CA cannot add a new tradeline since the debt is far, far over the CRTP.

Message 4 of 6
terrymac
New Contributor

Re: SOL confusion

Hi O6,

 

It shows late payments of 90+ days late beginning 08/2004, but the date of last payment was 10/2001.

06/02/2011 TU 614; EQ 614
07/01/2011 TU 616; EQ 615
07/08/2011 EQ 625
08/08/2011 EQ 644; TU 621
09/16/2011 EQ 678
Message 5 of 6
RobertEG
Legendary Contributor

Re: SOL confusion

+1.  SOL is not relevant to credit reporting, credit scoring, or continued CR inclusion

 

Your issue originated with with an OC, and not with a debt collector.  Thus, the DOFD would have absolutely no relevance to the CR exclusion dates of anything reported by an OC, except for a charge-off.  DOFD is ONLY used for calculating the credit report inclusion bar for collections and charge-offs.  It has no relevance to monthly OC account delinquencies.

 

Dates of last payment, last activity, or account closing have NO relevance to continued inclusion of old monthly delinquencies in your CR,  The reporting of any delinquencies by an OC, except for a charge-off, expire at different times, but each are pegged to the date the monthly delinquency occured.  They expire, under FCRA 605(a)(5), after 7 years from their individual monthly dates of reported delinquency, 

 

Line upt he dates of each delinquency reported by the OC, add 7 years to each, and those are the individual dates for their CR exclusion.

 

If a debt collector rears his ugly head, then any collection they are pursuing must  separately be discontinued in your CR after 7 years plus 180-days from the DOFD on the OC account.  Again, that DOFD is unrelated to anything other than the date of your first delinquency with the OC in the last chain of reported delinquencies that preceded their collection referral.  It is unrealted to anything the debt collector reports as to date opened, date of any payments, etc.

 

Many commercial CRs dont include a statement of the reported DOFD.  But it is in your credit file.  The date of closing of the account is only relevant in that your DOFD must, by definition, precede that date if it was delinquent when closed.

To get the actual DOFD reported to your credit file, you need only file a request under FCRA 609(a) with the CRA, and they must provide you that date, and the party who reported it.  609(a) requests require the payment of a fee, which is currently $10.50.

 

 

 

 

 

Message 6 of 6
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