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  1. #1

    Default How to Find the Original Delinquency Date for Debts

    My question involves collection proceedings in the State of: Washington I am in collection for four debts with four different collection agencies. I tried to find the original delinquency dates for these debts on my Experian credit report, but I cannot find that information anywhere on my report. All that shows is the date each debt was turned over to the collection agency, but that is not what I 'm seeking. The seven year period the debt is on your report begins with the original delinquency date with the original creditor, not with the date a collection account was opened, which would have happened some time later. It says right on Experian's site that you can find the delinquency date on your report, but I don't see those dates anywhere. I called them and the lady said she also did not see those dates on my report, and sounded confused. She then transferred me to someone else who could help me, but this next person said she couldn't give me any information about my report because, now get this, I had lived at my current address for less than two years (no, I am not making this up). What does how long you've lived at your current address have to do with anything? Trying to get this information has turned into a monumental challenge. Any advice would be appreciated.

  2. #2
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    Default Re: Finding the Original Delinquency Date for Debts

    Credit reports aren't useful in legal actions. By the way, it's only six years for most debts and four years for contracts for sale. Seven years is the time things stay on your credit history which as I said, means nothing to you as far as court cases. Experian isn't going to help you; that's not their job.

    It's not clear what you are after anyhow. You can tell the creditors to stop calling you now if you're not going to pay. The statute of limitations really only applies to when they can file a lawsuit against you for the collection.

  3. #3
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    Default Re: Finding the Original Delinquency Date for Debts

    Quote Quoting controlvoice
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    Trying to get this information has turned into a monumental challenge.
    If you routinely paid by check when you were paying go to your bank that you had the checking account with back then and ask for printouts for the account activity for, oh, the year or two prior to the collections dates. Those printouts should show you when you made the last payments on those accounts. The default date would be when the next payment became past due if the account was never paid after the default.

  4. #4
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    Default Re: Finding the Original Delinquency Date for Debts

    The Fair Credit Reporting Act requires furnishers to report the date of first delinquency. Dispute the original creditors' entries with the credit reporting agencies. You would dispute that the required dates are not being reported. The credit reporting agencies will have to contact the creditors with your dispute.

  5. #5
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    Default Re: Finding the Original Delinquency Date for Debts

    Quote Quoting Bluesie58
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    The Fair Credit Reporting Act requires furnishers to report the date of first delinquency. Dispute the original creditors' entries with the credit reporting agencies. You would dispute that the required dates are not being reported. The credit reporting agencies will have to contact the creditors with your dispute.
    Chortle. No. There's darn lilttle information REQUIRED to be in the reports given out. and the date of first delinquency is NOT one of them. The date of delinquency is required to be reported FROM the creditors to the bureaus. You have nothing to dispute and frankly disputing things in your credit report has no bearing on statute of limitations issues.

  6. #6
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    Default Re: Finding the Original Delinquency Date for Debts

    Quote Quoting flyingron
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    Chortle. No. There's darn lilttle information REQUIRED to be in the reports given out. and the date of first delinquency is NOT one of them. The date of delinquency is required to be reported FROM the creditors to the bureaus. You have nothing to dispute and frankly disputing things in your credit report has no bearing on statute of limitations issues.
    I didn't say that the date of first delinquency is required to be in the report. While you're correct that the furnisher must only report that date to the CRAs, the CRAs are required to provide that date to the consumer, if requested.

    15 U.S.C 1681g(a)(4)

    (a) Information on file; sources; report recipients Every consumer reporting agency shall, upon request, and subject to section 1681h(a)(1) of this title, clearly and accurately disclose to the consumer:

    (4) The dates, original payees, and amounts of any checks upon which is based any adverse characterization of the consumer, included in the file at the time of the disclosure.


    The CRA could not locate the date of first delinquency which could indicate that the furnisher has not reported it to the CRA.

    The poster said he's trying to determine when the 7-year reporting period began on certain negative entries but did not give the reason. He may want to know when those entries will be deleted from his credit report. Or, if he never made another payment after an account went into default, the date of first delinquency would help him determine the whether or not the debt is within the SOL and whether or not he could be sued.

  7. #7
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    Default Re: Finding the Original Delinquency Date for Debts

    Once again, you're wrong. You've taken a clause that only applies to CHECKS and somehow asserted it is a general requirement. Further, as stated, no matter what the FCRA says, it has no BEARING AT ALL on the statute of limitations. A misreported debt to FCRA just means it gets removed from the credit report. It doesn't mean that it's not actionable in court. A debt doesn't even EVER have to be reported to a credit agency for it to be acted upon in court. Your information is both in correct and ciompletely spurious to the issue at hand.

  8. #8
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    Default Re: Finding the Original Delinquency Date for Debts

    I never said the FCRA has anything to do with the SOL. I said the poster may be trying to determine when he made his last payment which is why he wants the date of first delinquency.

    I admit I should not have quoted 15 U.S.C 1681g(a)(4). However, 1681g(a)(1) states:

    (a) Information on file; sources; report recipientsEvery consumer reporting agency shall, upon request, and subject to section 1681h(a)(1) of this title, clearly and accurately disclose to the consumer:

    (1) All information in the consumer’s file at the time of the request, except that—

    (A) if the consumer to whom the file relates requests that the first 5 digits of the social security number (or similar identification number) of the consumer not be included in the disclosure and the consumer reporting agency has received appropriate proof of the identity of the requester, the consumer reporting agency shall so truncate such number in such disclosure; and

    (B) nothing in this paragraph shall be construed to require a consumer reporting agency to disclose to a consumer any information concerning credit scores or any other risk scores or predictors relating to the consumer.


    Section 1681g(a)(1) provides that "[e]very consumer reporting agency shall, upon request, and subject to section 1681h(a)(1) of this title, clearly and accurately disclose to the consumer: All information in the consumer's file at the time of the request." § 1681g(a)(1). The Seventh Circuit has held that "file" means the information included in the consumer report produced by a CRA to businesses. Gillespie v. Trans Union Corp., 482 F.3d 907, 910 (7th Cir. 2007).

    Congress clearly intended the protections of the FCRA to apply to all information furnished or that might be furnished in a consumer report. Cortez v. Trans Union, LLC, 617 F.3d 688, 711 (3d Cir. 2010).

    If the creditor reported a date of first delinquency to the CRA, it will be in the poster's file. If the date has not been reported, he can dispute under 1681s-2(b)(1) that the information provided is incomplete.

  9. #9

    Default Re: Finding the Original Delinquency Date for Debts

    Yes, the reason, in fact the only reason, I want to know the original delinquency dates is so I can plan for when those debts will drop off my credit report.

    I am pretty certain that the date of first delinquency of all the debts in collections was August 2010. That was the first month I made no payments on them, and I've made no payments since then. I just wanted to be sure that August 2010, or thereabouts, is the date the credit reporting agencies have on file for me. Since they're not displaying that information, I don't know if I can be certain of that. Should I just assume that the debts will drop off seven years after August 2010, and not worry about it until then? If they don't drop off at that point, then I would think I will have a problem with the agencies to resolve.

  10. #10
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    Default Re: Finding the Original Delinquency Date for Debts

    Should I just assume that the debts will drop off seven years after August 2010, and not worry about it until then?
    That's a reasonable approach.

    Although understand that it could be 7 years plus 180 days under some circumstances.

    Section 605(c) Running of Reporting Period
    (1) In general. The 7-year period referred to in paragraphs (4) and (6)6
    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.


    If they don't drop off at that point, then I would think I will have a problem with the agencies to resolve.
    Maybe. But if you want to prevent "a problem" I suggest you go to your bank and get printouts of your checking account activity for 2010 so you can be prepared.

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