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Charge off reporting FIVE YEARS after bk discharge! Help!

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Bluedog23
Regular Contributor

Charge off reporting FIVE YEARS after bk discharge! Help!

Last week I cecked my monthly TU credit score supplied by cc company. To my astonishment, it showed 667-- down from 768 the month before. I was STUNNED. Knowing I had not missed a payment I quickly purchased a credit report to find that a credit union had reported a charge off in Dec. 2014. Shows a 1300.00 charge off for a vehicle loan dated 2003. Now this loan was included in bk in 2004. Bk was discharged in 2009. In the five or so years since discharge, this charge off  has NEVER appeared on my credit report. Just popped up there. Since it was local I went to the cu to inquire. First  lady says I don't deal with this and there's no one here who can help you today. I go back the next day to talk to the person I've been told handles this. She says nope, I don't only deal with bankruptcies (huh, this is a bk issue lady). She says I can see that there's something wrong and that "probably" shouldn't be reporting, but there's nothing we can do about it. You'll probably need to dispute it. 

 

I argued that that since it was clearly their mistake, they should just fix it. It was my understanding that IIB accts could not be reported as charged off after the date of bk filing and certainly not 5 freaking years after a bk discharge.  She then tells me that the date of last activity was 2009--final payment from trustee, so technically they can report this as a charge off since it hasn't been 7 years since last "activity".  

 

Am am I crazy?  I know that I'm going to have to file a dispute with TU. My fear is that they will simply verify that this is accurate to TU. Then what do I do?  I have the bk papers showing that the loan was included. So, I can prove that this should not be reporting as a charge off in 2015. She, by the way says she didn't need to see my bk papers as her computer showed all of this.

 

So, my question is, to whom do I prove this? Do I somehow send this paper work to TU..Do I just have to wait the thirty days to see if it comes back verified? That's a long time. The kicker is I had just started a plan to buy a house in Feb. this changes all of that. Am additionally,worried that current creditors might see this charge off and take adverse action. Any advice as to how to proceed.?????? So far this only shows on TU. But it's got me mighty worried. What a mess!

EX 805 FICO, EQ Fico 762; TU. 768Discover)
Message 1 of 3
2 REPLIES 2
gdale6
Moderator Emeritus

Re: Charge off reporting FIVE YEARS after bk discharge! Help!


@Bluedog23 wrote:

Last week I cecked my monthly TU credit score supplied by cc company. To my astonishment, it showed 667-- down from 768 the month before. I was STUNNED. Knowing I had not missed a payment I quickly purchased a credit report to find that a credit union had reported a charge off in Dec. 2014. Shows a 1300.00 charge off for a vehicle loan dated 2003. Now this loan was included in bk in 2004. Bk was discharged in 2009. In the five or so years since discharge, this charge off  has NEVER appeared on my credit report. Just popped up there. Since it was local I went to the cu to inquire. First  lady says I don't deal with this and there's no one here who can help you today. I go back the next day to talk to the person I've been told handles this. She says nope, I don't only deal with bankruptcies (huh, this is a bk issue lady). She says I can see that there's something wrong and that "probably" shouldn't be reporting, but there's nothing we can do about it. You'll probably need to dispute it. 

 

I argued that that since it was clearly their mistake, they should just fix it. It was my understanding that IIB accts could not be reported as charged off after the date of bk filing and certainly not 5 freaking years after a bk discharge.  She then tells me that the date of last activity was 2009--final payment from trustee, so technically they can report this as a charge off since it hasn't been 7 years since last "activity".  

 

Am am I crazy?  I know that I'm going to have to file a dispute with TU. My fear is that they will simply verify that this is accurate to TU. Then what do I do?  I have the bk papers showing that the loan was included. So, I can prove that this should not be reporting as a charge off in 2015. She, by the way says she didn't need to see my bk papers as her computer showed all of this.

 

So, my question is, to whom do I prove this? Do I somehow send this paper work to TU..Do I just have to wait the thirty days to see if it comes back verified? That's a long time. The kicker is I had just started a plan to buy a house in Feb. this changes all of that. Am additionally,worried that current creditors might see this charge off and take adverse action. Any advice as to how to proceed.?????? So far this only shows on TU. But it's got me mighty worried. What a mess!


You have them on violations of BK law and the FCRA. Its too old to even be reported, send the CU an immediate Intend To Sue letter and file dispute with the CRAs for too old to continue on file. Reporting is not from the DOLA but the DoFD of the account which would be your filing date of the BK.

Message 2 of 3
StartingOver10
Moderator Emerita

Re: Charge off reporting FIVE YEARS after bk discharge! Help!

OP I had this exact same thing happen to me. I noticed it last week because of the score hit but the debt was discharged in Bk in Jan 2009 and it was reported as of Dec 31 2014. Wonder if it was the same CU? Mine was GTE in Tampa.....

 

Thank you for posting and getting a good answer that I can use too,

Message 3 of 3
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