: trying to figure this one out / pp Pulling my report it is being reported again via the inquiry. Jane. ============== Re aging is a $1000.00 violation Another interesting point to ponder. Does A. CAs PP give them the right to violate other sections of the law in order to exercise their PP ?
: trying to figure this one out / pp << Jane FYI, hiding 90 was banned from CN shortly after the above post. ********************* Short lived wasn't it -Guess who's back ? >>
: trying to figure this one out / p I found this an interesting thread about PP and SOL, based on my recent experiences *twice* with old accounts reporting... Had an account that was closed in '91, didn't want to pay as it was my ex's account but I made payments (long time ago, I know better now) and tried to keep to the plan. However, they (CA) changed the terms, piled on interest and I lost all interest in paying. Last time I paid was '95 or so. I included the original account in my Ch7 BK in '01, just in case. Never heard a word about it until a few months ago when it popped up as a *recent* chargeoff on EQ. I disputed as not mine and in less than a week, it was gone. Two months later it pops up on EXP and again, I dispute as not mine. Again, in less than a week, it's deleted. I just can't imagine they contact and get deletion info that fast - twice. My theory is that they knew this creditor was polluting people's CRs with recent chargeoffs. There is no way you can have a DOLA and chargeoff in April of 2004 - makes no sense to me.
Re: Re: Re: Re: Re: Re: trying to figure this one out / pp You're right Brownie, There is no restriction on the length of time a DF can report to a CRA. It's the CRA's job to make sure it's not on your report if it's 7 years old. Along with the reporting the DF must also provide the date of delinquency, within 90 days. It's that date from which the CRA has the charge to calculate whether they can report it or not. That said, the CA's know this, and won't even bother to report if it's over 7 years old. For example, wouldn't it be an utterly stupid waste of time and money to report something from 20 years ago? But there's no law against it. lol .
Re: Re: Re: Re: Re: Re: trying to figure this one out / pp posted by hiding 90 Here is the problem though. IT IS ONLY the REPORTING AGENCY who is responsible for "7-year reporting period" NOT THE FURNISHER. -A furnihser can report a 20 year old debt to the reporting agency if they wanted to. THIS IS NOT A VIOLATION. ************************************* in this senerio ck out the FCRA if the CA reports that inaccurate info to a CRA it is a violation ! § 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. (1) Prohibition. (A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. (B) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if (i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and (ii) the information is, in fact, inaccurate. (C) No address requirement. A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph (B) shall not be subject to subparagraph (A); however, nothing in subparagraph (B) shall require a person to specify such an address. (2) Duty to correct and update information. A person who (A) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person's transactions or experiences with any consumer; and (B) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate. (3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. (4) Duty to provide notice of closed accounts. A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed. (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. (b) Duties of furnishers of information upon notice of dispute. (1) In general. After receiving notice pursuant to section 611(a)(2) [§ 1681i] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall (A) conduct an investigation with respect to the disputed information; (B) review all relevant information provided by the consumer reporting agency pursuant to section 611(a)(2) [§ 1681i]; (C) report the results of the investigation to the consumer reporting agency; and (D) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis. (2) Deadline. A person shall complete all investigations, reviews, and reports required under paragraph (1) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 611(a)(1) [§ 1681i] within which the consumer reporting agency is required to complete actions required by that section regarding that information. (c) Limitation on liability. Sections 616 and 617 [§§ 1681n and 1681o] do not apply to any failure to comply with subsection (a), except as provided in section 621(c)(1)(B) [§ 1681s]. (d) Limitation on enforcement. Subsection (a) shall be enforced exclusively under section 621 [§ 1681s] by the Federal agencies and officials and the State officials identified in that section.
