DOLA- is it last payt or charge-off

Discussion in 'Credit Talk' started by nins01, Dec 16, 2001.

  1. nins01

    nins01 Active Member

    I have a copy of a CR pulled in 1998 which shows last payt being 12/30/94 (this is correct).
    The problem is the CR is showing "acct will remain on until 8/02 or 2003." I am assuming they are going by the charge off date instead of last pay't.

    Is there any legal documentation that states what DOLA actually means? Is it your last payment or the charge off date?

    According to Dear Max (with Experian), she states the 7 years starts from the intial payment missed that led to the charge off. However, the reps at Experian act as though they never heard of the Dear Max column they put and have no comment.

    What can I do??
     
  2. LKH

    LKH Well-Known Member

    This is what the FCRA says:


    c) Running of reporting period.

    (1) In general. The 7-year period referred to in paragraphs (4) and (6) ** 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.

    The key words here is "beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action." So it is at the beginning of delinquency which should be 30 days after your last payment.

    I would make a copy of the page of that report. Highlight the date of last activity, and send it to them with a note that it is illegal to reage or change the dol and that this acct. should be deleted now.
     
  3. nins01

    nins01 Active Member

    Thanks for the response. I'll try disputing it again w/a copy of the report. Hopefully it will wk.

    Happy Holidays :)
     

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