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Help - trying to get TU to remove re-aged account


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We're having more trouble with this one than we thought. Not getting anywhere by contacting the OC on the phone (we were for a while but the head of the University collections division, who was amiable to helping us, just went on vacation for a month, leaving his cranky underling in charge.

Some info:

Debt was for tuition payments for the fall semester of 1993 (this was not a government loan; it was a short installment loan with the University). A delinquency file was started for the account on 3/1994, according to the University's records. Debt was paid in full in 2004. University reported debt at this time to TransUnion, who has it listed with 3/1994 as the "open date" and 8/2004 as the "close date." We have disputed with TU twice for re-aging, with no change. Still using the DOFD as the "open date".

I guess if the Uni is accurately reporting the DOFD to TU, then TU is just using that as "date opened" and otherwise treating it like a charge account - to fall off in 2011, 7 years after "date closed". So how can we get TU to accurately report the DOFD so they will then delete it? And just to be sure, am I correct about the DOFD and that this account should be deleted by FCRA standards?

Can I use this debt validation chart for my situation? And if need be, can I sue either OC or TU for not accurately reporting the DOFD?

Thanks so much. This board is awesome and I'm referring all of my friends to it ('course nobody needs it more than me!)

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I'm up late drafting my next letter to TU. How does this look?

To Whom It May Concern:

I am writing in regards to my recent attempt to dispute the following adverse account on my credit report:

****Creditor/account #*******

I requested that you accurately report the “date of commencement of delinquency” as defined by the Fair Credit Reporting Act section 605©1. I verified with ***creditor*** that the date of commencement of delinquency was in fact 03/1994, but you have 03/1994 stated on the credit report as “date opened” only. I assume that this is why you are not willing to comply with section 605(a) of the Fair Credit Reporting Act which states:

Except as authorized under subsection (B) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:...

(4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.

Consequently, I dispute the accuracy of this account based on your failure to provide the date of commencement of first delinquency and your failure to delete it because it is obsolete. I ask that you change my file to accurately state the date of commencement of first delinquency (March, 1994) and that you delete this account from my report because the date of commencement of first delinquency antedates the report by more than seven years, as defined by the Fair Credit Reporting Act.

I ask that you do this as soon as possible. Thank you.

Sincerely,

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We're having more trouble with this one than we thought. Not getting anywhere by contacting the OC on the phone (we were for a while but the head of the University collections division, who was amiable to helping us, just went on vacation for a month, leaving his cranky underling in charge.

Some info:

Debt was for tuition payments for the fall semester of 1993 (this was not a government loan; it was a short installment loan with the University). A delinquency file was started for the account on 3/1994, according to the University's records. Debt was paid in full in 2004. University reported debt at this time to TransUnion, who has it listed with 3/1994 as the "open date" and 8/2004 as the "close date." We have disputed with TU twice for re-aging, with no change. Still using the DOFD as the "open date".

I guess if the Uni is accurately reporting the DOFD to TU, then TU is just using that as "date opened" and otherwise treating it like a charge account - to fall off in 2011, 7 years after "date closed". So how can we get TU to accurately report the DOFD so they will then delete it? And just to be sure, am I correct about the DOFD and that this account should be deleted by FCRA standards?

Can I use this debt validation chart for my situation? And if need be, can I sue either OC or TU for not accurately reporting the DOFD?

Thanks so much. This board is awesome and I'm referring all of my friends to it ('course nobody needs it more than me!)

Is OC the creditor or the collection agency?

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Looks like TU is reporting this correctly if OC is the collection agency for the University. Since it is an installment account not reporting on your credit bureaus until the collection status, TU has to report it when it first went into collection. Hence, the open date being the date the University reported it late. Closed date is correct also because that is when you paid it off.

All you can do is wait for the 7 years for it to fall off your report. Also, make sure the OC is reporting it as paid.

Writing this letter will not get this off your credit report. Sorry....:-(

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From what I've been reading in the FCRA and on this forum, the date paid/closed does not affect the 7-year CRA reporting limit. It is the "date of first delinquency" (DOFA), referred to as "date of commencement of first delinquency" by the FCRA which is what starts the 7 year countdown for the CRAs to report, not date of last activity, date of last payment, date of settlement, or date closed. (Otherwise, that would be re-aging, right?)

Note, I'm not disputing the OC (University's) ability to report this to the CRA, just that they should be accurately reporting the DOFA, and that TU should not call the DOFA "date opened" instead of "DOFA." Then by FCRA standards TU should have to delete the file.

So is what I've previously been told on this forum and how I'm interpreting the FCRA incorrect? I'm not trying to be argumentative, I just really would like clarification because I'm basically a clueless newbie. It sounds like this DOFA stuff could be a "gray area" since I'm getting conflicting opinions.

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The date of first delinquency applies when the account is no longer brought current. Tehcnically, paying it off in 2004 was enough to "bring it current", therefore it's on 7 yrs from 2004. That's probably the line of thinking they're taking.

Thanks. So that's where I'm getting confused. So just to be sure that I'm clear, DOFD as the start of 7-year reporting period does not apply to satisfied/closed accounts? (and incidentally in my case there was an original charged-off date in 1996, so I assume in 2003 the account must have been deleted from CR, only to be re-reported when it was paid in 2004. :()

If so, I guess my next step is asking the university collections officer to report it differently out of goodwill. Would a simple "paid for delete" request be the best thing? And if he agrees, do I then ask for a document of this and send it to TU as proof?

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Okay, I think this is finally starting to sink in. The creditor has told me there are 3 dates on file: date opened (aka DOFD) 1993, date originally charged off 1996, date closed (aka paid in full) 2004.

Since it's the 2004 date that's hurting me, that's what I should be trying to attack. :shock: (Duh.)

So when I send the GW letter to friendly head of student collections, I'm going to ask him to report the original close date as 1996 (which I assume was how it was reported from 1996-2003, that 7-year reporting period) and not to report 2004 anywhere. Then dispute with TU as obsolete. Hopefully he'll be in a good mood after his month-long vacation.

Sound logical?

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