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I filed an on-line dispute with TU on 12/02. Below you'll find the text of it (what I told them) and then I'll post the letter received from TU on 12/12.

Disputes:

XYZ Account No. 1234. 1. Account has been paid. 2. This became delinquent back in 1991. Over 7 years. Please delete.

Comments:

As stated before, this account went over 180 days back in 1991, when collection attempts began. It is well past the 7 year limit. This is a violation of the Fair Credit Reporting Act Section 605 © Running of the reporting period.

Their letter, which is real generic and a long boring read:

Thank you for contacting TU. Our goal is to maintain complete and accurate information on your credit report. We have provided the information below in response to your request.

Re: Policy for Information Retention

The Fair Credit Act allows:

- Civil judgments, whether paid or unpaid to be reported for seven years from the date the judgment was entered, depending on your state of residence.

- Tax liens to be reported for seven years from the date paid or released.

- Unpaid tax liens to be reported for an indefinite period of time, depending upon your state of residence.

- Adverse credit history, such as collections and profit-and-loss write-off accounts, to be reported for seven years fromt the date of delinquency. This is the only germaine part of the letter in my circumstance. The problem is the OC has continually re-aged this account. So they are violating this.

- Non-adverse credit information to be reported for a period of 10 years from the date the account was paid or closed. I did pay the account but well after the 7 years, after the SOL in the state, and well before I found this site. I really don't care about that but I do want this off my report

- Bankruptcies...blah blah Nothing to do with my situation

- Accounts included in the bankrupty...Ditto

If you have any additional questions concerns......blah blah

Finally, my question. Is this their response, or are they simply acknowledging my on-line dispute, to follow with a determination within thirty days, which should have been mailed today?

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I paid it in April of 2002 to the OC. TU is the only one showing and it still says profit/loss write off with the last activity date of 12/97.

I know I messed up paying without getting in writing they would delete the entry entirely....I had not been to this site yet. Nevertheless, I paid a debt that was uncollectable due to the SOL in the state, and, again, the 7 year limit was well over.

If TU won't clear it up I'm calling attorneys on naca.net.

[Edit by adtripho on Wednesday, January 1, 2003 @ 11:24 PM]

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<blockquote>Originally posted by kb9tbq

By the dates you have given - if the last activity date is 12/97

This would suggest that you 1st missed making payments in 6/97. Then add 180 days leading to the charge off date of 12/97. Finally add the 7 years this would bring it to: 12/2004

The 1991 missed payment is an earlier delinquency, you would of got caught up in payments untill the 6/97 date. So the CRA's will only look at the last delinqency that remaind till the end.

This is the CRA's term for the tradeline to continue showing.

You passed the state SOL for the creditor to collect, but not the CRA's SOL.

</blockquote>

Yup, even if you were late for the first time in 1991, it's the date it was sent to collections or charged off that makes a difference. I'm assuming that you weren't continuously late for 6 years (b/t 1991 and 1997, right?)

The FCRA says:

1) In general. The 7-year period referred to in paragraphs (4) and (6)(2) of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.

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When I had issues with re-aged accounts, I was told that the modification to the FCRA regarding the expire date as "commencement of the delinquency" is only for accounts from 1997 forward. My account was "originally" added in 1992 or 1993, leaving them wide-open to keep tagging "activity" onto it. The CRA's (at least one, but can't remember which one(s) offhand) refused to go by the commencement of the delinquency because the account was placed prior to the FCRA changes. It's gone now, but it was frustrating at the time.

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Update on this. The letter I originally posted about evidently just was a confirmation that they were working on it as I received the response in the mail today.

The letter says that "We have completed our reinvestigation (Huh? This is the first time I disputed it) and the results are shown below:

Item Description Results

Creditor Name Account Number New Information Below

The new information is not directly below it....this account shows after some other accounts but the info is:

>Paid Profit and Loss<

Verif'd 12/2002 Balance: $0

Opened 09/1988 Most Owed: $0

Closed 11/1997

>Status as of 11/1997: Paid Charge Off<

So, what does all this mean. I never paid this charge off back in 1997. I paid it April of 2002. Since the last payment I ever made on this account was back in 1991 how in the world could they have waited until 11/1997 to "close the account."

Very confused here.

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