HELP PLEASE/credit bureau problems

Discussion in 'Credit Talk' started by nerfadg, Mar 29, 2005.

  1. nerfadg

    nerfadg Member

    please can someone help me ,I'm so upset and don't know what to do . the credit agency keep changing on my credit report the date reported i have things on there from 10 years ago and they keep making them current as bad credit but they are from 8 to 10 yrs ago .. i pay for my credit report every months and the same old bad credit is still there and they won't remove it and keep changing the reported date to recent
    what should i do , i have written and called all 3 credit bureaus but they say they can do this ? also some stuff is repeated 3 -4 different times same debt ? someone please HELP
    thank you.
     
  2. ontrack

    ontrack Well-Known Member

    Do you have old credit reports or documentation showing the date of first delinquency was over 7 years old? Are the CRAs reaging, or is a particular CA reaging?
     
  3. nerfadg

    nerfadg Member

    Thank You ontrack!
    it is the CRA's doing this also the CA , yes i have old credit reports from 6months ago that show the old dates
    thank you for responding
     
  4. pd11604

    pd11604 Well-Known Member

    They are illegally REAGING your accounts, and you have the evidence to prove it!
    CHA-CHING!!!!!!
     
  5. nerfadg

    nerfadg Member

    Thank You! i wish i could sue them its not fair what they do to us . i will file a complaint with FTC hopefully they will help since the CRA treats me like crap when i call and when i wrote them before they told me it was all verified bunch of lies .
    thank you again for your response
    oh when i called all the 3 CRA they all told me they can keep bad credit on report for 10 yrs not 7 and i told them no they couldn't cause it was not bankruptcy..i have been fighting with CRA for 2 yrs to have things removed to no avail
     
  6. pd11604

    pd11604 Well-Known Member

    They can still report information older than 7 years in certain circumstances, for instance security clearance inquiries, employment inquiries for jobs paying more than $75,000 and mortgage / loan inquires where the principle is more than $150,000
     
  7. ontrack

    ontrack Well-Known Member

    When a consumer has a negative item in their credit file with delinquency date more than 7 years old, so that it should not normally appear on a routine credit report, what appears when a consumer request their own credit report? Does a consumer need to frame their request to the CRA to include all information, or will items older than 7 years appear, notated to indicate they will not be visible in normal credit reports?

    How can a consumer find out what will be visible to a potential lender or insurer where the loan amount is sufficient to give access to normally obsolete negative information?

    (This is not an experiment I can perform. As I am not aware of any old negative information in my file, I have no way of knowing if there is any that is not being disclosed to me.)
     
  8. pd11604

    pd11604 Well-Known Member

    I never had this situation so I don't know the answer to what happens if you request your own credit report, and it has derrogatory info on there that could stay for more than 7 years....
    I *think* you would not see it either
    I believe the CRA's have different terminology and that may be why there is a question...
    A normal "consumer credit report" contains the info that can legally be included under the FCRA, since that info pertains to a consumer credit transaction...
    on the other hand, a "comsumer investigative report" can contain the more derrogatory info since it is not related to a credit transaction, but rather another lawful purpose. If a company does obtain one of these reports, they must still disclose the information they received on it IF YOU ASK for it
     
  9. ontrack

    ontrack Well-Known Member

    �§ 609 requires disclosure to the consumer of ALL information in the consumer's file at the time of the request. �§ 605(b)(1) allows disclosure of negative information beyond 7 years, for example in the case of a mortgage application over $150K. That information would have to be retained in the consumer's file in order to be disclosed to a user such as a potential lender. Therefore it would have to be disclosed to the consumer. How does negative information over 7 years old appear, or must it be specifically requested by the consumer?


    �§ 609. Disclosures to consumers [15 U.S.C. �§ 1681g]

    (a) Information on file; sources; report recipients. Every consumer reporting agency shall, upon request, and subject to 610(a)(1) [�§ 1681h], clearly and accurately disclose to the consumer:

    (1) All information in the consumer's file at the time of the request, except that nothing in this paragraph shall be construed to require a consumer reporting agency to disclose to a consumer any information concerning credit scores or any other risk scores or predictors relating to the consumer.



    �§ 605. Requirements relating to information contained in consumer reports [15 U.S.C. �§ 1681c]

    (a) Information excluded from consumer reports. Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:

    (1) Cases under title 11 [United States Code] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.

    (2) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.

    (3) Paid tax liens which, from date of payment, antedate the report by more than seven years.

    (4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.(1)

    (5) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.1

    (b) Exempted cases. The provisions of subsection (a) of this section are not applicable in the case of any consumer credit report to be used in connection with

    (1) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of $150,000 or more;

    (2) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of $150,000 or more; or

    (3) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal $75,000, or more.
     
  10. ontrack

    ontrack Well-Known Member

    "Investigative consumer report" = gossip. Does not include actual credit information from a creditor.

    (e) The term "investigative consumer report" means a consumer report or portion thereof in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumer's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer.
     

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