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Nuances of Repossession

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RESgrignoli
Established Member

Nuances of Repossession

Scenario is this...

Auto loan had primary account holder and co-signer.  Primary account holder fell behind on payments approximately three years into the loan.  The initial statement reflected one month late.  The next statement reflected two months late.  The third statement reflected three months late.  At this point, the primary account holder began making payments.....but.....never did "catch up".  Instead, he would make ONE month's payment going forward.  Therefore, although he was making "consistent" payments going forward, his "statements" ALWAYS reflected a "Previous Balance" of at least a month.  Sometimes one.  Sometimes two.  The auto finance company finally got tired of the "previous balance" (read: "never catching up") situation, and repossessed the car, even though it was currently only ONE MONTH BEHIND at the time of the repossession (much better than the earlier THREE MONTHS BEHIND when they SHOULD have repossessed it).

 

The question is: At the point of repossession, and working backward, each of the statements reflect a "Previous Due" of at least a month or two.....even though payments were being made.  When it comes to the "clock starts ticking" rule, does the time begin when the initial statement reflects a "Previous Balance Due" of at least a month's payment FOLLOWING the most recent time when everything was caught up?

 

To put it more simply, let's say that we have the following timeline:

2007 January:  no lateness at all; bill reflects a payment due of $300 (monthly amount)

2007 February:  payment not made; bill now reflects past due $300 and a current $300 due

2007 March:  payment not made; bill now reflects past due $600 and a current $300 due

2007 April:  payment not made; bill now reflects past due $900 and a current $300 due

2007 May:  payment of $600 made; bill now reflects $600 payment and $600 past due and a current $300 due

2007 June:  payment of $600 made; bill now reflects $600 payment and $300 past due and a current $300 due

2007 July:  payment of $300 made; bill now reflects $300 payment and $300 past due and a current $300 due

2007 August:  payment of $300 made; bill now reflects $300 payment and $300 past due and a current $300 due

2007 September:  car repossessed even though ONLY ONE month behind in payment

 

As you can see above, it would be ironic that the car is repossessed NOW with a ONE MONTH delinquency when it SHOULD have been repossessed back in April.

 

Anyway, since the payments were never actually "totally caught up" since the initial delinquency in February 2007, does the "clock start ticking" in February 2007.....or.....because the repossession took place in September based on a ONE MONTH delinquency, does it merely go back to "August 2007" due to it only being ONE month delinquent (even though the delinquencies "started" in February and "never caught-up")?

 

Reason for asking is that I'd like a clearer understanding of when the "7-1/2 year" point is reached for it to be removed from the credit report.

 

Thanks.

 

Message 1 of 8
7 REPLIES 7
StartingOver10
Moderator Emerita

Re: Nuances of Repossession

Clock starts from repo date, Sept 2007 in your example. (Edit to change to DoFD = http://ficoforums.myfico.com/t5/General-Credit-Topics/DOLA-DOFD-SOL-AHHHH/m-p/13384) which would be the first date of delinquency when he never caught up.

 

Was a judgment entered for the deficiency?

Message 2 of 8
Remember0
Valued Contributor

Re: Nuances of Repossession

Date of first delinquency. So the clock should tick as of February 2007. Honestly I'd see if an obsolete dispute with the credit bureaus doesn't remove it today.

 

Another poster here will correct me if I'm wrong (not an expert on disputing), but I'm pretty sure the clock starts Feb 2007.

Message 3 of 8
Remember0
Valued Contributor

Re: Nuances of Repossession


@StartingOver10 wrote:

Clock starts from repo date, Sept 2007 in your example.

 


Wait, are you sure? I thought bad accounts start ticking from the date of FIRST delinquency?

Message 4 of 8
StartingOver10
Moderator Emerita

Re: Nuances of Repossession

I'm sorry. You are right. It is the date of first delinquency since it was never caught up in the OP's post. See this explanation here:

http://ficoforums.myfico.com/t5/General-Credit-Topics/DOLA-DOFD-SOL-AHHHH/m-p/13384

Message 5 of 8
RESgrignoli
Established Member

Re: Nuances of Repossession

Great.  I thought it would be the date of "first" delinquency (February 2007) having "never caught up", but just wanted to make sure.  TransUnion estimates it will be removed from the report in July 2007; whereas, Equifax is saying not until February 2015 (based on what THEY have as a first month of delinquency of August 2007) (which, in my opinion, is incorrect).

 

Thanks!

 

Message 6 of 8
RESgrignoli
Established Member

Re: Nuances of Repossession

Ooops...meant to say that TransUnion estimates it will be removed from the report in July 2014 (vice 2007).

 

Message 7 of 8
Remember0
Valued Contributor

Re: Nuances of Repossession

Dispute is your friend. Heck do a mailed letter (hand written purple ink, yellow notepad paper) jack attack to EQ imo. 1) Obsolete. 2) Incorrect payment data...re: dofd. It'll probably get it removed NOW, though I'm not a dispute expert.

Message 8 of 8
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