Re: Re: Re: Does lawsuit ever equal deletion? I pay all bills I can by credit card...SOME JUST DON'T LET ME...
Re: Re: Re: Re: Re: Re: Re: Does lawsuit ever equal deletion? Even better, Sunhawk, nup Experian doesn't report it. That date is required to be reported, FCRA Section 623, within 90 days of the information having been provided. It is a fixed date and the only date specifically required by the FCRA -- it determines the reporting clock. We are entitled to all information in our "file" at the time of the request. If the only required date isn't provided within 90 days as required and the CRA's don't follow any procedures to assure that the only date required by the FCRA is indeed reported as required -- you've violations for both the CA as furnisher and the CRA for failure to follow reasonable procedures to assure maximum possible accuracy. I understand they insist they are doing nothing wrong, however, they have requirements and responsibilities under the FCRA and FDCPA whether they think so or not. § 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c] (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. and § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a) Duty of furnishers of information to provide accurate information. 5) Duty to provide notice of delinquency of accounts. A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action. If you've disputed, was the information ever marked as disputed as required? Put the above with the FDCPA violations: § 807. False or misleading representations [15 USC 1692e] A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. Tie all that together to pursue under Section 623(b) as a failure to adequately investigate as required. Additionally, the FTC specifically requires this summary to be provided to all furnishers of information -- they get no brownie points for ignorance and the date requirement, examples for their pea brains and timeframes is explained comprehensively: http://www.ftc.gov/bcp/conline/pubs/buspubs/infopro.htm Sassy
Re: Re: Re: Re: Re: Re: Re: Does lawsuit ever equal deletion? Although it may not say on her Experian report specifically: "Date of Deliquency" - (I don't think it says this on anyone's Experian report) The date she last paid (or at least the date they claim she last paid) is the date listed in 5 different areas on her report. So, I think it is still being reported. They did finally mark the account as disputed but only after we told them in three different letters (it took around 90 days from the time they received our first dispute letter to the time in which they updated it as disputed). In my opinion, that was a violation....especially considering we had to specifically tell them multiple times to update it as disputed.
Re: Re: Re: Re: Re: Re: Re: Does lawsuit ever equal deletion? Sun, It used to be that Experian was the only CRA where you could calculate the drop off date. It used to say; "scheduled to remain until xx/xxxx". Then we just counted backward 7 years and bingo. I don't know 2 things today; 1) Whether or not that applies ONLY to negative TL's. I can't tell but I suspect it would. I don't have any negative TL's. 2) Whether or not a change in that procedure has occured in the past year or so. See it? ???
Re: Re: Re: Re: Re: Re: Re: Does lawsuit ever equal deletion? Yes. Actually, the account this thread is about used to say "This account is scheduled to continue on record until 5-2008." However, for some reason, that is gone. They must have did away with that. But, I still think the DOD is being reported correctly even though it doesn't specifically say date of delinquency.
If she pays, will the account still be notated as in dispute by the CA. I am asking because according to her Privacy Guard 3 score report, the tradeline is having a "low" bearing on her score. I believe this may be due to their note that the consumer disputes this account.
Nodding, EXP changed their format to remove the stated fall off date, you count even count backwards anymore. EQ actually recently changed their format to ADD a place for the delinquency date. TU well, their system is beyond hope, forget about it. Either way, if you know the date is correct, that's not going to work, unless you wanted to pursue the CRA's. Sassy
