Tuesday, July 22, 2008

Help with credit report and date of delquency

found your website and have used alot of the information on it to fight some of my mis information on the credit report. However, I am having problems with enforceing the "accuracy" issue with transunion. I have an account with them that went to collections on 4/2004. Well they are reporting to the credit bureaus the date of first delinquency of 4/2004 but anyone can use their brain to know this is not the first date of delinquency as defined by the FTC. The first missed payment (not with the collections company) was prior to 4/2004 and the transunion rep keeps replying that they spoke directly with the collections department and they verified verbally the information is accurate, but still after four letter requesting proof - no change on date. The reps even agree that an account must have some prior delinqency other than the date that it was transferred into collections. If you have any tricks please help.
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you need legal help from smurf
go to credit repair at yahoo groups http://finance.groups.yahoo.com/group/credit-repair/post this msg
ask for smurfmight take a day or two but that is a FCRA violation. totally and you can have their tails.
if your talking about the first creditor not the collections
the collection date will be different than the first creditor the first creditor and the collection cannot have the same date or overlaping dates and still be legal. did you use the legal debt validation forms
these forms can form a legal trail needed for court.
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Thanks - Could you look at this and confirm it please. According to FTC Link http://www.ftc.gov/bcp/conline/pubs/buspubs/infopro.shtm under delinquencies Just run down to the highlighted spot from the exerpt below. I believe that is the situtation I find myself in. The FTC indicates that the collection company still has to use the original date of delinquency or the date of the first missed scheduled payment. Thanks
6. Reporting Delinquencies -- Section 623(a)(5). If you report information about a delinquent account that's placed for collection, charged to profit or loss, or subject to any similar action, you must, within 90 days after you report the information, notify the CRA of the month and the year of the commencement of the delinquency that immediately preceded your action. This will ensure that CRAs use the correct date when computing how long derogatory information can be kept in a consumer's file. How do you report accounts that you have charged off or placed for collection? For example: A consumer becomes delinquent on March 15, 1998. The creditor places the account for collection on October 1, 1998. In this case, the delinquency began on March 15, 1998. The date that the creditor places the account for collection has no significance for calculating how long the account can stay on the consumer's credit report. In this case, the date that must be reported to CRAs within 90 days after you first report the collection action is "March 1998." A consumer falls behind on monthly payments in January 1998, brings the account current in June 1998, pays on time and in full every month through October 1998, and thereafter makes no payments. The creditor charges off the account in December 1999. In this case, the most recent delinquency began when the consumer failed to make the payment due in November 1998. The earlier delinquency is irrelevant. The creditor must report the November 1998 date within 90 days of reporting the charge-off.
For example, if the creditor charges off the account in December 1999, and reports this charge-off on December 31, 1999, the creditor must provide the month and year of the delinquency (i.e., "November 1998") within 90 days of December 31, 1999. A consumer's account becomes delinquent on December 15, 1997. The account is first placed for collection on April 1, 1998. Collection is not successful. The merchant places the account with a second collection agency on June 1, 2003.
The date of the delinquency for reporting purposes is "December 1997." Repeatedly placing an account for collection does not change the date that the delinquency began. A consumer's credit account becomes delinquent on April 15, 1998. The consumer makes partial payments for the next five months but never brings the account current.
The merchant places the account for collection in May of 1999. Since the account was never brought current during the period that partial payments were made, the delinquency that immediately preceded the collection commenced in April 1998 when the consumer first became delinquent.
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thats the legal stuff i am not too good with
but yesthis is the crap that collections slam us with i never see this done like it says on the fcra says on this
so that said i think you have something if you can form a paper trail
copy your reports as they are nowvalidate dispute then sue

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