The lady @ EQ told me the 7 years begins with DOLA

[myscoresawful]

I guess it could be in certain circumstances...I didn't want to argue with her when I'm trying to get her to push a dispute through for me, but she said it is ALWAYS 7 years from the DOLA.

according to:

FCRA

§ 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c]

© Running of reporting period.

(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.

(2) Effective date. Paragraph (1) shall apply only to items of information added to the file of a consumer on or after the date that is 455 days after the date of enactment of the Consumer Credit Reporting Reform Act of 1996.

She is wrong?

She said the DOLA can be anything from the time it is charged off, or sold, or sent to collections, or anything else the OC wants to do with it.

In her words, even if the OC returns the correct DOLP as June 2000, it is not going to be obsolete until February 2008 because the DOLA is February 2001.

[lavs412]

When I requested the DOFD (which BTW they still have not furnished to me) I was told the same thing by a gentleman at EQ. EX gave same explanation on one of my investigation results but they too have refused to give me the DOFD. EQ & EX are my thorns! ...TU have no problems........

[willingtocope]

She is wrong. Its 7 (7-1/2) years from DOFD. There is some confusion generated by the "180 day period" gibberish, so most CRAs tend to delete a 7 years.

[nascar]

I believe Equifax might still be involved in ongoing litigation regarding this very question. The response you received may be the designated company position at this point in time.

[Textoy]

I had seen a lot of questions lately about DOFD which is why I put my post

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=277688

together. The CRAs banded together in order to standardize data reporting. This is under the Consumer Data Industry Association (CDIA) which identified the Metro-2 format standard. The CDIA distributes the CREDIT REPORTING RESOURCE GUIDE which defines how the Data Furnishers are to fill in all of the fields for each account. To clearly explain DOFD, they provided an example of how DOFD should be computed AND handled by OC AND JDBs/CAs. If the CRAs are saying their own rule book for reporting data is incorrect, then how would the consumer have any hope of understanding what is correct? The FTC should not be letting this happen however, when your in the pocket of Big Business, the little guy is racked over the coals.

[Fizzle1979]

I got this piece of paperwork from Unifund when I was duking it out with them. If you look half way down the page you can see "FCRA Compliance/ Date of First Delinquency" field with a description listed beside it as "date of first delinquency if known or determinable otherwise d." I don't know what d refers to. I assumed delete or leave it blank.

I in my opinion I think the OC or CA is responsible for determining what each field is used for. It seems Unifund has the ability to list what the fields are used for when reporting to the CRA's from this document. I'm sure an OC Credit Card would have different fields from and OC Auto Loan. That's why I think they are left to pick which field means what to them. BTW this was what Unifund provided me and told me it came from EQ.

[Textoy]

Relevant FCRA is 623(a)(5) for DOFD:

(5) Duty to provide notice of delinquency of accounts.

(A) IN GENERAL- A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency that on the account immediately preceded the action.

( 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;

These next 2 subparagraphs can create havoc for the consumer which is why, in the era of the scumbag JDB, the consumer needs to keep detailed records forever (microfiche anyone?)

(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.

[myscoresawful]

this debt, by far, has been the toughest to get removed, even with a dismissal with prejudice back in April!

TU deleted 3 months ago, EX is saying it will be off by Dec. 1, 2007 and EQ...well you know what they think of it.

I also sent out a dispute by mail this morning, *shrug*...then decided to call them and see what I could do with it.

[Textoy]

Ahh, if it is falls off in Feb 08 (3-4 months), is there something your trying to accomplish or is this just a matter of principle thing?

[myscoresawful]

Ahh, if it is falls off in Feb 08 (3-4 months), is there something your trying to accomplish or is this just a matter of principle thing?

maybe both.

The thing is, Feb doesn't seem that far away NOW, but I didn't just start trying to get this removed, I've been at it for months. Feb was a lot farther away back in April, ya know?

It became obsolete back in June.

Right now EQ is saying the DOLA is Feb 2001, but that the DOLP is JUNE 2002 (Crap 1's work).

HELLO?!?!?! How can the DOLA be 16 BEFORE the supposed last payment?!?! This should tell EQ that the info is inaccurate.