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Date of last Activity


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Does anyone just try to correct a way a collection is reported as a last resort? There is a point where the frivolous letters comes back instead of investigation results. I have seen thousands of credit reports and almost every collection I have seen is wrong. The collection is open in 10/2007 and the date of last activity is 11/2007. I believe this is re-aging and is illegal! I would assume that the only way to prove this is to do the work and get the actual DLA and then if they do not fix it sue?

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You are not making any sense at all!! But I think I understand. Re-aging is illegal,It is clearly stated in FCRA. The date of last activity is the last activity made to this account sometimes it can be the same as last time you made a payment. So you must write to the original creditor and ask for a payment history of that account. When an account is sold to a collection the last date of activity never changes Hopefully you have old copies of your credit reports thats the next best evidence you have when you go to small claim courts. So if you have not gotten satisfaction from the collection then it is on to small claim court,but make sure you dispute with credit bureau first that the last date of activity is wrong. This is protocol. Then file your claim you will win the $1000. fine for violating the fcra for re-aging!!

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'Activity' can be anything...the date of last payment, the date of account transfer, when it was verified. So, you can't go by DLA.

"...date of last activity never changes..."

Posters to this board use the term DOFD (date of first delinquency) to reference the 'date that never changes'. This date is the month/year referenced in the FCRA 1681c, subsection 605 as the beginning of Reporting Period. 1681s-2, subsection 623 requires Data Furnishers to provide this date to the CRA's within 90 days of providing the TL, but no where does it require them to publish it or provide it to the consumer. If you don't have this date in your own records, contact the CRA's to find out what month/year they have been provided. Only then can you determine if illegal re-aging has taken place.

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I have 2 deliquent accounts that are showing date of last payment in 2003 and the OCs are reporting the DOFD almost 18-20 months later. I know that I had outstanding balances on these accounts when I stopped paying on them. The date of last payment is correct. OC's have charged off and picked up by JDB.

Can someone explain how they determine the DOFD?

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"...showing date of last payment and the OC's are reporting DOFD almost 18-20 months later..."

This doesn't make sense. Please clarify. Where are they 'showing DOFD' cuz this generally isn't listed on CR's.

"...Can someone explain..."

Only THEY can explain what they're doing. But we can refer you to the FCRA 1681c, subsection 605 for the legal aspect. It clearly provides information that begins and ends Reporting Period.

If you have proof you last paid in 2003, put the burden on them (but I'm not quite sure who we are referring to) to explain their DOFD date.

Illegal re-aging only applies if a Data Furnisher has supplied another (usually later) DOFD {immediately preceding CO or collection}. And since this month/year generally isn't published on CR's; it doesn't apply to updates, open dates, date of last activity, date of CO. It may, or may not, coincide with status date (good ole EX).

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The date of first delinquency is not a matter of interpretation. If you have a payment on an account due on 12/01/2007 and it is not made, the account is delinquent as of 12/02/07. If the account is never brought up-to-date then the DOFD is and will always be 12/02/07; even if you make partial payments and even if there is all sorts of “activity” (such as charge off, sell to another entity, etc.).

What often happens, however, is that original creditors may not actually bother to figure out the DOFD or if they do, they may not pass this information to subsequent owners of the debt - frankly ,if they sell the debt then the OC has no reason to care what the DOFD was as it’s no longer their problem.

That’s one of the reasons why keeping accurate and meticulous financial records can save you a world of grief down the road…he who has the records always has the upper hand whether you are negotiating a settlement, suing in court (or being sued) or fighting with the bureaus.

In other words, the best person to determine DOFD is you...if you can't then you are subject to what the creditor says.

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"...thought delinquency started with the missed payment..."

It does.

"...SOL...reporting..."

Those two words have nothing to do with one another. SOL is state law that determines the time period a valid suit may be brought and the ramifications should judgment be granted. Reporting is regulated by the (federal) FCRA.

It doesn't matter when something gets reported, as long as the listing appears during the time period allowed by the FCRA 1681c, subsection 605. These accounts went delinquent in 8/05. They may appear on your CR for 7 years (plus 180 days) from then.

You may wish to provide more detail in your posts. There seems to be some fundamental misunderstanding, but without more info, we can't steer you in the right direction.

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"...thought delinquency started with the missed payment..."

It does.

It kinda does. For example, if you make missed payment for two months in a row then catch the payments up for two months again before you default again permanently, yes. But, using the same example, you miss the first two payments then make up a single payment (not enough to bring the account out of default) then the DOFD is what counts since you never brought the account out of default. I know you are aware of this, Ahntara, but I want to make sure those out there are familiar with the specifics also.

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I have had an account from a mortgage co. it is a negative account so I want to get rid of it. CSC has reported this account with the DATE LAST ACTIVITY as of Dec 01. Recently it change to May 02. HOW? I disputed it and they came back with a new DLA. What now? Dispute the date again.

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