I have a couple of questions, I received my Equifax report and my date of birth is incorrect ( month and year correct, date off by more than 20 days), I informed Equifax and now they want me to send proof with either a copy of my birth certificate or a copy of my drivers license. Should I send the proof or can I ask that my whole report be deleted, based on false DOB. Wouldnâ??t I start a new report based on current reporting? I also disputed some charge offs (paid with zero balance and closed) and was told that â??adverse accounts that have been paid in full will automatically be deleted seven years from the date of the last activityâ?. I read some of the older posts and my state has a SOL of 4 years on open accounts, can I dispute these based on the state SOL? And ask that they be removed?
If your credit report shows an erroneous date of birth, it was probably reported by some lender that you applied for credit from. If you want it corrected, they will not change it unless you provide some documentation. Neither correcting nor not correcting it will just make the information go away. Your credit "file" is just the set of reports from data furnishers with similar identifying information that matches the identifying information used to search. The identifying information does not all have to be identical to result in it being included on your "report". If several things match (most of name, address, SSN, even with a few single digit errors) it will likely be linked with other similar entries on a credit report. The credit report reporting period for negative information is 7 years, based on FCRA. Partial payments that do not bring an account current do not reset this 7 year period. SOL depends on state law, and determines how long a creditor has to sue you, and when you can raise SOL as a defense to such suits. Based on state law, any payments, or possibly acknowledgements of the debt, may reset SOL. You would need to check your state's laws.
Ontrack... Would that be the state law you live in currently if you have moved or the SOL for the state that the account was opened in...just wondering how that works. Thanks, Reatha
I am not an attorney, but this is how I understand it to be: Since SOL is a defense that the debtor has to raise, the creditor would have had to sue first to raise it. FDCPA restricts the debt collector to suing on consumer debt in only the state the contract was signed in, or the current state of residence of the debtor: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#811 "�§ 811. Legal actions by debt collectors [15 USC 1692i] (a) Any debt collector who brings any legal action on a debt against any consumer shall -- (1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or (2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity -- (A) in which such consumer signed the contract sued upon; or (B) in which such consumer resides at the commencement of the action. (b) Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors. " See also: http://www.carreonandassociates.com/articles/statute.htm http://www.carreonandassociates.com/articles/sol.htm
