Hi, I have a collection account for an old Cingular Wireless cell phone account. The collection agency is AFNI and I have noticed on an old equifax report from last summer the DOLA was 3/2001. I have recently checked my credit report and the DOLA is now listed at 9/2001. What recourse do I have now. Can I sue? If so should I try to get money, a deletion or both. I have searched and tried to read as much as I can, but I am still confused. Any help is appreciated. Thanks
-Date of last activity IS NOT the same as "date of original delinquency" by which the 7 year reporting period starts. -The date of last activity can be just that, activity.
I thought that the date of last activity is when the seven year clock begins. I thought that the last activity is when you stop paying, thus the date of deliquency. Chris
-thus the reporting agencies thwart another dispute -The reporting agencies have decided that they would list this IRRELEVENT "Date of last activity" on the credit reports. -The "date or original delinquency" is the only date by which the 7 year reporting period begins. IN FACT, the federal laws DO NOT EVEN MENTION "Date of last activity". -Here is the relevent sections of law FCRA 605 (c) http://www.ftc.gov/os/statutes/fcra.htm#605 "(c) Running of reporting period. (1) In general. The 7-year period referred to in paragraphs (4) and (6)(2) of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action." -Dont let these guys fool ya, DISPUTE the "Date of last activity" with the reporting agency!
When a consumer requests a copy of their credit file, if the CRAs do not provide the date of first delinquency, as required to be reported by an OC or a CA so that the CRA can hide the entry after 7 years, has the CRA met their legal responsibility to the consumer to provide "all" information in their credit file?
ugachris, i had a AFNI account also for Cingular. i ended up paying them 60% of the balance since i was closing on a house. My lender needed proof i payed this off. i had no choice but to pay them (they faxed and mailed me a letter) and take them at their word they would delete. lo and behold it was deleted with in 1 week. i had a balance of over $1200. fs
"has the CRA met their legal responsibility to the consumer to provide "all" information in their credit file? " -I would say no. -The consumer reporting agency is required "to assure maximum possible accuracy of the information concerning the individual about whom the report relates." http://www.ftc.gov/os/statutes/fcra.htm#607 -BUT, if the consumer has not notified the reporting agency that they wish to know the original date of delinquency, then it is hard to say the reporting agency was in violation. To quote myself, "ignorance is bliss" and they can say "we didnt know." -BUT, if the consumer had notified the reporting agency, there goes that excuse lol
