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AFS reporting a collection on CR for chargeoff 7+ years old


ciphyre
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AFS (Arrow Financial Service) is reporting a collection on my Equifax CR that is from a revolving charge account that was charged off back in 1997. The OC removed the charge off from all 3 reports at the 7 yr mark. AFS continued to report the collection even after the OC removed their negative line item.

I contacted all three of the CRAs and requested the item be removed from my CR since the reporting period for the original account had expired and this collection being the result of that charge off follows the same reporting period. Experian and Trans Union removed it, as you can tell Equifax did not. I have tried 2 times since to get it removed. Once via online dispute; for Equifax this is a waste of time, and once via phone; which turned out to be equally a waste of time.

For my third attempt to remove this item, I have sent a ceritified letter to Equifax with a detailed explination as to why the line item needs to be removed, quoting all the laws within the FCRA that pertain to my situation. I did this 2 days ago.

I have a feeling that AFS is not referencing the OC account in order to get around the reporting period. The AFS line item in my CR has a date of last activity that is based on when AFS purchased the account for collections. Because of this I also included a recent collection letter; in my correspondance, where AFS indicates the OC account and the amount in the line item of my CR matches the amount in the collection letter.

I am hoping that this correlation evidence along with the letter explaining what AFS is doing will get Equifax to remove this line item. What are others thoughts on this? Do I need to do anything more? Has anyone else had a similar experience, and if so what was the result?

Thanks!!!!

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This is typical for Arrow. They like to think that the law doesn't apply to them.

The easiest way to deal with this is if you have an old copy of a credit report showing the OC tradeline and when it went delinquent. The maximum reporting time is 7 years+180 days from the date of delinquency. Debt collectors are required to use the same date of delinquency as the OC. Many times they will claim not to have the original date as an excuse. This is hogwash, plain and simple. Even if they do not have the exact original date, they may only provide a guesstimate that occurs before the account went to collections.

Section 623a(5) Duty to provide notice of delinquency of accounts.

(B) RULE OF CONSTRUCTION- For purposes of this paragraph only, and provided that the consumer does not dispute the information, a person that furnishes information on a delinquent account that is placed for collection, charged for profit or loss, or subjected to any similar action, complies with this paragraph, if--

(i) the person reports the same date of delinquency as that provided by the creditor to which the account was owed at the time at which the commencement of the delinquency occurred, if the creditor previously reported that date of delinquency to a consumer reporting agency;

(ii) the creditor did not previously report the date of delinquency to a consumer reporting agency, and the person establishes and follows reasonable procedures to obtain the date of delinquency from the creditor or another reliable source and reports that date to a consumer reporting agency as the date of delinquency; or

(iii) the creditor did not previously report the date of delinquency to a consumer reporting agency and the date of delinquency cannot be reasonably obtained as provided in clause (ii), the person establishes and follows reasonable procedures to ensure the date reported as the date of delinquency precedes the date on which the account is placed for collection, charged to profit or loss, or subjected to any similar action, and reports such date to the credit reporting agency.

If subsection iii above is being employed, simply sending Arrow the actual date of the delinquency forces them to remove it. Once they have knowledge of the actual date of delinquency, they would violate the section above if they failed to correct it.

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The only problem I have is, I am recently divorced and my ex took all my paperwork (not a very amicable divorce) including all my previous credit reports. I know I have an old copy of a credit report that would establish the OC chargeoff date, but I will not have any luck getting it from her.

I tried calling the OC and they don't have record of it anymore because it is almost 9 years old. Any other suggestions?

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9 years...

It depends upon what kind of account this is as to wether or not you are out of the woods. In Illinois, the SoL on written contracts where the amount to repay is fixed (like a car note) is 10 years. Revolving balance accounts like credit cards is 5 years.

Since this is a revolving account, AFS can be told to go pound sand. It's totally uncollectable. The fact is, if you know when the delinquency date is, you don't need (nor should you provide to AFS) a copy of your credit report. Just a dispute letter sent directly to them telling them the SoL is expired, the date of the delinquency, and that from this point forward, they must remove the account from all bureau reports permanently because they now have actual knowledge of the delinquency date.

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