need an expert

[Anonymous]

Long story short about 2 years ago I started rebuilding my credit. As of today I just have one bad item and its driving me crazy. 

A gas company reported a debit to a collection agency I had with them about 6 years after it was actually due. This collection agency never contacted me via phone or mail, when I noticed they reported this very old debit on my credit I went through the normal pay for delete process as I was hot and heavy into rebuilding. After attempt, after attempt I finally just called up the gas company and paid it. The problem I have is this, the collection agency repoted a date opened of 8/12, date report of 11/12 and paid date of 3/13. So it look as though I was notified of a new debat, then didn't pay it for a few months but in reality the debt is over 7 years old now. Experian told me its going to stay on my credit 7 years after date of paid so that will be more then 14 years on my credit.

This simply can't be how it works. I've disputed this thing 4-5 times called the gas company and collection agency around 20 times and nobody will help. I'm even willing to pay an attorney to help with this if needed.

Any info you can provide is much appreciated~!

[starry1]

That experian rep is misinformed, it is removed 7 years and 6 months after the Date of First Delinquency.

[Anonymous]

date of first delinquency isn't a field on my credit report. I do show a KD on Nov of 2012.

[Anonymous]

Look for a fall off date.  EX does not utilize a DoFD.

The CA has to use the same DoFD as the OC.  If the OC never reported one or the CA was never given one, they have to try to get one.  If they cannot, they are allowed to use a DoFD of their own making.  However, it has to be before they acquired the debt.

If you can get something from the OC stating when the account went delinquent, I would send that to the CRA.

As for the EX CSR, many of them do not know.

And if EX is using those dates they are violating the FCRA and can be in a lot of trouble.

If you get nowhere, file a complaint with the CFPB.  Have all your duckies in a row with backup documentation proving what you say.

[RobertEG]

When the debt collector reported their collection back in 11/2012, that triggered a 90 day period in which they were required to have reported the DOFD on the OC account to the CRA.  See FCRA 623(a)(5).

Thus, the DOFD should be of record in your credit file.  Many commercial credit reports dont include the reported DOFD, but it must be in your file, unless the debt collector failed to comply with the FCRA.

You may be able to get the reportted DOFD by pulling your free report from annualcreditreport.com, or getting a CR directly from the CRA.

If those fail, then you can send an info request to the CRA under the provisions of FCRA 609(a)(1), and they must provide that information.

Regardless of the misinformation from the EX rep, the exclusion of collections is done by software pegged only to the reported DOFD, and thus it will become excluded no later than 7 years plus 180 days from that reported date.

Get the reported  DOFD, and if it is accurate, you should have no problem with exclusion.  It should be automatic.

If the reported DOFD is not accurate, then you have time to dispute its accuracy directly with the debt collector prior to the max exclusion date.