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Equifax Battle - Do I understand Correctly?


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I have been in a constant battle with Equifax over a couple tradelines and I can use some advise. The two original creditors are Sears and GEMB/Lowes. The accounts were both SOLD to LVNV. It is my understanding (please correct me if I am wrong) that once these accounts are "purchased" by another company and that company is using the same account number etc.. they should be reporting all other information as if they were the original creditor ie..the open date, date of first deliquency etc.. Equifax has continually reported the open date on these accounts as a few years past the actual open date on the LVNV accounts. I continually have disputed the information. After all other disputes failed I began requesting they at least correct these dates. Im working on a mortgage and they asked about the recent collection. Equifax has corrected the dates and sent the dispute results showing they corrected the info but as soon as I pull a new report (which I do within a day or two) all the info is back to the old dates as it was before. After disputing again and the same thing happening AGAIN I finally got smart and sent them a letter CMRRR stating that they have violated FCRA by continuosly posting this inaccurate information after being notified it was inaccurate and also by sending us dispute results saying information was updated and then changing the information back without notifying us. I sent them copies of the dispute result letters and copies of the credit reports I pulled the following days. I demanded they remove those egative items. Instead they just opened ANOTHER dispute. I got the results of that dipute back dated 10-19-11 and it said AGAIN that everything had been updated, it shows the dates had all been fixed and then I pull another credit report today (10-21-11) and everything is back to the old dates AGAIN.

I have no idea what to do anymore. I believe Equifax is in Violation of the FCRA but I'm not sure how to get them to fix this.

Any advice would be really great.

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I'm not even sure how to begin. I guess if I go down to the courthouse they may walk me through what paperwork I need. :) Would it just be a single violation for not notifying me that they made changes to the account after the dispute results they sent me or can I also claim the violation of inaccurate information since they are reporting the dates icorrectly. Also can I clain each one of the accounts as a seperate violation? Any thoughts?

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I have been in a constant battle with Equifax over a couple tradelines and I can use some advise. The two original creditors are Sears and GEMB/Lowes. The accounts were both SOLD to LVNV. It is my understanding (please correct me if I am wrong) that once these accounts are "purchased" by another company and that company is using the same account number etc.. they should be reporting all other information as if they were the original creditor ie..the open date, date of first deliquency etc.. Equifax has continually reported the open date on these accounts as a few years past the actual open date on the LVNV accounts. I continually have disputed the information. After all other disputes failed I began requesting they at least correct these dates. Im working on a mortgage and they asked about the recent collection. Equifax has corrected the dates and sent the dispute results showing they corrected the info but as soon as I pull a new report (which I do within a day or two) all the info is back to the old dates as it was before. After disputing again and the same thing happening AGAIN I finally got smart and sent them a letter CMRRR stating that they have violated FCRA by continuosly posting this inaccurate information after being notified it was inaccurate and also by sending us dispute results saying information was updated and then changing the information back without notifying us. I sent them copies of the dispute result letters and copies of the credit reports I pulled the following days. I demanded they remove those egative items. Instead they just opened ANOTHER dispute. I got the results of that dipute back dated 10-19-11 and it said AGAIN that everything had been updated, it shows the dates had all been fixed and then I pull another credit report today (10-21-11) and everything is back to the old dates AGAIN.

I have no idea what to do anymore. I believe Equifax is in Violation of the FCRA but I'm not sure how to get them to fix this.

Any advice would be really great.

When a JDB posts a different "open" date than the OC, it's more than likely the date the JDB purchased the account. It's the date they opened their own file for it.

It does not restart the 7 year reporting period. When the OC's entry is deleted from your CR, the JDB's entry will be deleted as well.

That being said, is the debt still within the SOL for collection?

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The debt is outside the statute of limitations, however the date that LVNV is showing as the "open date" is making it appear that it is still within the statute of limitations, which was what was holding up my mortgage loan. These were the last two negatives on my credit report but I did not pay them or worry about them any longer because they were so old and past the statute of limitations. I was under the understanding that once a JDB purchased an account and was using the same account number they were supposed to use the same account info (dates etc..)

Now I most shocked that Equifax has sent me dispute result letters with the updated credit file three times now showing the corrected changes and then has changed the information right back to the way it was the very next day after sending these out saying it has been fixed and showing an explanation of the corrections.

At this point I'm not sure if they are doing it on purpose because they are tired of all my disputes or if it's some sort of glitch. ;)

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I think what is happening here is that the CRA person processing your dispute doesn't really know what they are doing. As BV80 said, the date of the new account is when that account was first created by the collector, not the creditor. This date does not affect how creditors look at your cr or how long the account will remain on your cr.

The important date to look for is the date of last delinquency. If this is correct then the tl will drop off seven and one half years after this date. You probably remember when you were not able to make anymore payments. This should be the date listed in DOLD.

If you file a lawsuit now then it will probably be established that the CRA person processing the dispute was in error. I don't see any violations for the CRA person making a mistake correcting errors which were not errors.

Check your DOLD.

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The debt is outside the statute of limitations, however the date that LVNV is showing as the "open date" is making it appear that it is still within the statute of limitations, which was what was holding up my mortgage loan. These were the last two negatives on my credit report but I did not pay them or worry about them any longer because they were so old and past the statute of limitations. I was under the understanding that once a JDB purchased an account and was using the same account number they were supposed to use the same account info (dates etc..)

Now I most shocked that Equifax has sent me dispute result letters with the updated credit file three times now showing the corrected changes and then has changed the information right back to the way it was the very next day after sending these out saying it has been fixed and showing an explanation of the corrections.

At this point I'm not sure if they are doing it on purpose because they are tired of all my disputes or if it's some sort of glitch. ;)

The date of first delinquency and the date of last payment should be the same on the JDB's entry as they are on the OC's entry. The date of last payment is the date that affects the SOL. Any mortgage lender should understand that JDB's can purchase defaulted debts at any time, including debts that are already outside the SOL. Explain to the lender that the open date provided by the JDB is the date the account was purchased (opened) by the JDB.

The OC should be showing that the account is sold. Look at the date the OC stopped updating their entry and compare it to the "open" date provided by the JDB. The open date provided by the JDB should be around the same time or later than the date the OC stopped updating. If necessary, point it out to the lender.

Regarding Equifax, I'd send them a letter requesting an explanation for their actions. Include a copy of the letters they sent you.

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