when is an account truly delinquent for CRA reporting?

[avn1970]

I have a similar situation to the OP from thread 'collection agency dispute' in that I had (it's been paid although it's not reported that way) an outstanding balance from an old account (2002) from a utility company that was transferred to an account I opened in 2008. According to my credit report it is scheduled to report until 2012 which places the DOFD sometime in 2005 which is when it was transferred to yet a previous account that I had in 2005. I have paid the amount in question to the utility company and they are sending me the original bills from the 2002 address.

My question is what exactly would delinquent mean in this case? It's not uncommon for me to pay $100 when my bill is $105 and let the $5 carry over to the next bill...would that be considered a DOFD according to the FCRA or would it be when the account is closed with a balance owed? I know it's splitting hairs but it could mean the difference of having the account removed early 2009 or late 2009? My guess is that any amount no matter how insignificant could be considered DOFD.

thanks for your help.

[willingtocope]

Ican't put my fingers on the exact paragraph right now, but the jist of it is...the reporting period runs from the date the account first went delinquent and WAS NEVER BROUGHT CURRENT. So, if you were a couple of bucks short one month, but paid in full a few months later, the DOFD gets reset.

[avn1970]

I assume this is the paragraph from the FCRA you are referring to?

(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.

that paragraph is clear as mud to me, but my take is that the DOFD would go back as many months as late fees of any kind appeared on my bills from the final bill generated for the account and it could be reported 7.5 years from that date.

e.g. if the final bill was in March 02 with a balance of $100 and my bills contained late charges going back to Nov 01 (no matter how trivial) then the DOFD would be Nov 01 and it should be removed by May 09?

do you agree?

[willingtocope]

That's part of the paragraph I was looking for....there's also another reference somewhere about the "brought current" reference. I would think there's also some gibberish somewhere that diferentiates between having "late fees" added and actually bein in default.

IMO, you're probably not going to win this one.. If the final bill was in March of 02, and you paid it, then the reporting period starts then.