Which date on TU is the date of last activity? The reporting of an account changed this month and I believe that it has been reaged. What happened is that it was reporting correctly, and then last month TU deleted it entirely when another acct I disputed was removed. I thought this was a good thing since the acct would be gone, but now it has come back and all the historical dates are gone. What should I do? The new and old ways that it is displayed are as follows: Currently reporting as: Burdin/FDSB #30XXXX >Chapter 13 Bankruptcy< Updated 5/2002 Opened 8/1995 Closed 5/2002 >Status As Of 5/2002: Wage Earner Or Similar Plan< In May, it was reported as: Burdin/FDSB #30XXXX >Chapter 13 Bankruptcy< Updated 3/2002 Opened 8/1995 Closed 11/1995 >Status As Of 11/1995: Wage Earner Or Similar Plan< So is the DLA the "Status As of" date? Or don't we as the consumers get to see it. I am concerned that this acct, which was sched to fall off in 11/02 has now been reaged. Any insights?
Yes I agree the account has obviously been re-aged, however I would not charge full steam ahead with a lawsuit. First try and settle it with a letter, just include a copy of your old report showing the original DOLA. Another thing, you most likely included other accounts in your bk. If so, the other accounts should have the same DOLA's, and if so, you could just point this out to TU on the phone (because you could not have filed again for bk since). Of course, another option would be to write a letter saying "I never filed for bk in 5/2002, please delete."
There's the reinsertion provisions with certification as well -- within 5 days. I don't have the section on top of my head and am going to bed. If someone else doesn't post it for you, I'll find it in the morning. Blissful dreams, Sassy
If you are disputing items relating to a BK filing, the best thing to do IMO, is to send a copy of the page from your filing that the account is listed on,refer to it in your letter,and state "incorrect information on my report is a violation of the FCRA and the Federal Bankruptcy Act".Please correct immediately, or this will be reported to the proper authorities.
I would NEVER send any document from a bk to the cra's. If there are items not listed on your report that are included in the bk, you can be assured they will be there after you send them proof of it.
§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (B) Requirements relating to reinsertion of previously deleted material. (i) Certification of accuracy of information. If any information is deleted from a consumer's file pursuant to subparagraph (A), the information may not be reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies that the information is complete and accurate. (ii) Notice to consumer. If any information that has been deleted from a consumer's file pursuant to subparagraph (A) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency. (iii) Additional information. As part of, or in addition to, the notice under clause (ii), a consumer reporting agency shall provide to a consumer in writing not later than 5 business days after the date of the reinsertion (I) a statement that the disputed information has been reinserted; (II) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information; and (III) a notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the disputed information. (C) Procedures to prevent reappearance. A consumer reporting agency shall maintain reasonable procedures designed to prevent the reappearance in a consumer's file, and in consumer reports on the consumer, of information that is deleted pursuant to this paragraph (other than information that is reinserted in accordance with subparagraph (B)(i)).
