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ARC Backdating the Delinquency Date

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Topic: ARC Backdating the Delinquency Date
Posted By: bluemusickid
Subject: ARC Backdating the Delinquency Date
Date Posted: 28/March/2012 at 9:25pm
I defaulted on my student loans in 2006 and the Ontario portion was shuffled between collection agencies ending up with ARC in 2011 - which is the date they are reporting on my credit file. I've been paying ARC every month and should have it paid by the end of the year. 

How long will this keep showing up on my credit report? I realize Equifax and TU state that it will remain on file 6 years from the date of last activity, which could stretch out to 2018 - fully 12 years from the first default.

It doesn't seem right that just because ARC got the contract with the Ontario Ministry, I'll have it showing for 12 years.



Replies:
Posted By: footloose
Date Posted: 01/April/2012 at 3:01pm

The date that ARC is reporting on your credit file is the date that the file was assigned to them for collection. It has absolutely nothing to do with the "Date of Default" or the "Date of Last Activity".

The policies of both Equifax and TransUnion clearly state that all "Trade" and "Collection" accounts will be purged 6 years from the "Date of Last Activity". However, TransUnion will continue to report "Trade" accounts that do not contain "Derogatory" information for 20 years. While many consumers have objected to this practice, the various Consumer Reporting Acts are silent on how long a Consumer Reporting Agency can report accounts with "Non-Derogatory" information and only deal specificially with the reporting of accounts that contain "Derogatory" information.

In the vast majority of cases, the "Date of Last Activity" is, in fact, the last time any activity occurred on the account, such as a payment, a purchase or a cash advance. In the case of "bluemusickid", each time a payment is made to ARC for a defaulted student loan, it will update the "Date of Last Activity" both on the "Trade" account as well as the "Collection" account. What this does is it informs the reader of a Credit Report when was the last date of activity on any given account.

While the policies of both Equifax and TransUnion state that all accounts including collection accounts will purge 6 years from the "Date of Last Activity", what really happens is all accounts, including collection accounts will purge 6 years from the "Original Date of Default with the Original Creditor".

Both Credit Reports issued by Equifax and TransUnion do NOT show the "Date of Original Default with the Original Creditor". Therefore, in order to obtain this information, you must order a FREE Consumer Disclosure Report from either or both Equifax and/or TransUnion. As the name implies, this report is made available only to the consumer and is not availale to third parties.

You can order your FREE Consumer Disclosure Report as follows:

Equifax....................1-800-465-7166

TransUnion.............1-800-663-9980

You will be asked some personal questions to which only you will know the answers. This is done to confirm your identity.

Once you know the "Original Date of Default with the Original Creditor", you will know when your account will be purged from your credit file.

 



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Educating one Consumer at a time


Posted By: SolveStudentDebt
Date Posted: 02/April/2012 at 3:39am
You can also visit them in person, depending on where you reside. Both bureaus have walk-in locations in all Major cities in Canada. You can then skip the wait time for mail and get it right on site. all you have to do is present the person behind the window with two pieces of ID.
 
As for reporting, there is a provincial law that outlines credit reporting issues and there is a policy with each bureau. Federal and provincial law supercedes whatever a credit bureau cites as their policy. There is a Consumer Reporting Act for every province accessbile online.
 
 
 


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Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

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