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Old 06-14-2005, 02:50 PM
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Join Date: Oct 2003
Location: Colorado
Posts: 5

Reporting of negative student loan information


What is the name of your state?PA

This is part of a post from another forum on debt repair. here is the link to the original post..
[url]http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?p=203517#203517[/url]

The question is about how long can student loans be reported as negative on a credit report and how to establish the date of default or date of last activity (which one is relevant?)

I keep getting conflicting information from people. here is where my own amateur research has led me...

Quote:
§ 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c]

(a) Information excluded from consumer reports. Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:

(1) Cases under title 11 [United States Code] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.

(2) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.

(3) Paid tax liens which, from date of payment, antedate the report by more than seven years.

(4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.(1)

(5) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.1
#4 references this
Quote:
1. The reporting periods have been lengthened for certain adverse information pertaining to U.S. Government insured or guaranteed student loans, or pertaining to national direct student loans. See sections 430A(f) and 463(c)(3) of the Higher Education Act of 1965, 20 U.S.C. 1080a(f) and 20 U.S.C. 1087cc(c)(3), respectively.
Title 20 ch18 sub IV part B 1080a "Reports to credit bureaus and institutions of higher education.
[url]http://straylight.law.cornell.edu/uscode/html/uscode20/usc_sec_20_00001080---a000-.html[/url]
Quote:
(f) Duration of authority
Notwithstanding paragraphs (4) and (6) [1] of subsection (a) of section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c (a)(4), (a)(6)), a consumer reporting agency may make a report containing information received from the Secretary or a guaranty agency, eligible lender, or subsequent holder regarding the status of a borrower’s defaulted account on a loan guaranteed under this part until—
(1) 7 years from the date on which the Secretary or the agency paid a claim to the holder on the guaranty;
(2) 7 years from the date the Secretary, guaranty agency, eligible lender, or subsequent holder first reported the account to the consumer reporting agency; or
(3) in the case of a borrower who reenters repayment after defaulting on a loan and subsequently goes into default on such loan, 7 years from the date the loan entered default such subsequent time.
Paragraph (f) seems to contradict itself?!? For example "subsequent holders" pop up every few months as the original loans get moved around among the various collection agencies. Also even after the "secretary" pays the loan they will still continue collection activity and keep the loans current (at least they appear that way on a credit report.
Anyone have any thoughts on this?
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