Your next step is to dispute the items. If the items are not judgements or bankruptcies, the FCRA is clear that they cannot remain on your report after seven years. If they are judgements, they are allowed to report them for up to 10 years. They are allowed to report bankruptcies for up to 15 years.
Please note the language I am using. They are allowed to report this information, however, it is not REQUIRED to be reported as most people think. The FCRA is very clear about that. No information HAS to be reported about you for seven seconds much less seven years. It is up to you to ensure the information on your report is accurate, timely and complete. Each thing reported about you MUST meet ALL the requirements contained in the FCRA. If any item fails to meet even ONE requirement in the FCRA it MUST be removed or corrected. That is the LAW. (I know that many of the pundits in this forum who claim to know the FCRA will tell you differently, but the truth is, the laws regarding your credit report are on YOUR side. Congress made these laws for a reason. To protect you from the abuses of the credit bureaus.)
If, after you have officially disputed the items, they fail to remove the items as required, your next action is to take them to court. If you win in court, and most people usually do, the credit bureaus will have to remove the information AND give you $1000 for each infraction. It probably won't go that far, though. Once they have been served notice that you are suing them, they will give in to your demands so you will drop the suit.
If you have any further questions regarding your credit issues, you may feel free to contact me at nebula7693@yahoo.com
2007-12-20 13:17:04
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answer #1
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answered by nebula7693 4
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If these are accounts that are currently open they can not be removed no matter how old they are.
If these are positive closed accounts. That is no late payments and the balance is paid off, then you DO NOT want them removed. If you remove them you actually may find your credit score will go down.
If these are negative accounts, such as charge-offs. Then they can be removed 7 years from the date of the negative item. In the case of a charge-off it is the date of the first delinquency. There is no re-aging of this date, so even if you made a payment this year the 7 years still counts from the first delinquency.
If this is something like a Chapter 7 Bankruptcy this can not be removed for 10 years, and unpaid Tax Liens can remain indefinitely.
So if it is a account that can come off per the Fair Credit Reporting Act(FCRA), you must send them a certified letter stating that it is beyond the reporting time and must be removed. They have 30-45 days depending on how you got your credit report. If at that time they still don't remove it you could go forward with a suit, but as to if you will get any damages would be if their refusal would be considered just negligent or willful.
2007-12-20 06:23:02
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answer #2
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answered by OC1999 7
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You need to "dispute" them. A letter may not do it. Its got the be an official dispute. Then they "investigate" and go from there.
Is it a public record by any chance? Those stay on for 10 yrs. Like small claims etc.
Also...is it the same one that you are checking with? Because you need to work with all 3 separately. Equifax, Transunion and Experian.
2007-12-20 05:32:17
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answer #3
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answered by Anonymous
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Per the Fair Credit Reporting Act, defaulted debt/charge-offs can stay for seven year....the clock starts when you first became delinquent and never became current again. If they are refusing to abide by this federal law you'll have to threat them with legal action for violating the Fair Credit Reporting Act. Closed, non-defaulted accounts do not affect your credit score.
2007-12-20 05:58:49
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answer #4
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answered by CatDad 7
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It just means that you have to inundate the credit bureaus with letters. This is provided the accouts have been paid.
2007-12-20 05:32:14
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answer #5
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answered by Big Bear 7
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Generally according to TRW, items stay on your credit report 10 years. I don't know where this 6-7 years comes from I keep hearing about.
good luck
2007-12-20 05:35:22
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answer #6
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answered by Jan Luv 7
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