Experian will not update payment history after discharge

[Anonymous]

I was discharged on 6/12 as of the end of May my report was accurate all history was showing correctly. Everything changed the beginning of June i started seeing charge of status for 4 accounts that were included in my chapter 7 case. So i filled a dispute, only one account updated the other 3 were showing charge off status still. So i filed a complaint with the cfpb Experian responded rather quickly sent me the dispute results and looked like everything was squared away. This time i took screen shots of the report they sent me. My report has still not updated to reflect what they sent me in the dispute results, all accounts are showing included in bankruptcy but charge off status of June 2015 nothing has shown up for July yet. As far as I thought this would be in correct since the accounts were discharged? Thanks for any feedback. I did just dispute the response through cfpb so we will see what happenes.

[0REDSOX7]

You're fighting a battle that doesn't need to be fought.

The charge off status in the payment history is unique to Experian only. I had this issue with GE Bank (now Synchrony) after my discharge and met with two separate attorneys on the issue, in addition to my BK attorney.

What it comes down to is this...

If you were late prior to filing (ie., Approaching 30/60/90 whatever), the creditor can continue the progression until charge off occurs after 120 days late. After 120 days late, they must charge off for financial reporting purposes. So, if you had or were getting a 30 day late at filing, they are allowed to go 60/90/120/CO in the payment history post discharge. It is valid. It is legal. It is unique to Experian for they do not delete payment history on IIB accounts.

So long as the balance is zero and showing in IIB status, the trade line is legal regardless of the payment history.

[Anonymous]

I understand what you are saying but rhis account has been in the charge off status for almost 2 years ans why are they reporting it aftee it was discharged? I feel like they are hitting me with a double negative with the charge off showing for June

[gdale6]

It may be EX way of displaying the date but they are not the ones who are reporting it the creditors are and they are the ones you would have to take up a dispute with not EX. As already stated payment history pre BK can be what it factually was, after BK a 0 balance IIB and that is it no monthly payment history can be reported.

[Anonymous]

I have the same issue with my EX report.  8 accts show as charged off though all were current at the time of filing bankruptcy.  I was planning on disputing this as well.  Please let me know how you make out.  EQ and TU scores are arounf 650.... EX is around 540.  

[Anonymous]

I am leaving it alone they didn't report any payment during the 3 months of my case and haven't updated for July. Shows charge off for June. As stated above its an uphill battle. I have multiple revolving accounts and my student loans are current. Current experian score is 641, lost 6 points for a new cc account and the balance raised my usage to 23%.

[Anonymous]

Looks like your Ex score improved pretty fast.  Hopefully, I can replicate.  I did find this and will be sending in a dispute with similiar verbage.  I realize it's old but It can't hurt.

Mr. Michael Lovern, Sr.
President
TRIAL MANAGEMENT ASSOCIATES, INC.
8972 Quioccasin Road - Suite 172
Richmond, Virginia 23229

Dear Mr. Lovern:

David Medine asked me to respond to your Fax transmission of December 26, 1997, requesting our views concerning the legality under the Fair Credit Reporting Act (FCRA) of a credit bureau report of an account that has been discharged in bankruptcy as "charged off as bad debt." We acknowledge receipt of your request, pursuant to the Commission procedure set forth in 16 C.F.R. §2.2(a), for an investigation of the credit bureau.

Section 607( of the FCRA requires credit bureaus "to follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates." In our view, it is not a reasonable procedure to label an account that has been discharged in bankruptcy as "charged off as bad debt" if the account was open and not charged off when the consumer filed bankruptcy. Such a designation would be inaccurate or misleading, because it would indicate that the creditor had written off the account at the time of bankruptcy when it had not in fact done so.

Thank you for the information and documentation you submitted to us in connection with your request that we investigate this credit bureau's practices. As you may know, it is Commission policy not to comment on the status or existence of any nonpublic investigation.

The opinions set forth in this informal staff letter are not binding on the Commission.

Sincerely yours,

Clarke W. Brinckerhoff

[TRC_WA]

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@Anonymous wrote:

I have the same issue with my EX report.  8 accts show as charged off though all were current at the time of filing bankruptcy.  I was planning on disputing this as well.  Please let me know how you make out.  EQ and TU scores are arounf 650.... EX is around 540.  

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EX is actually my highest score.

I was current across the board when I filed Ch 13 in April 2009...

... upon looking at my IIB accounts I have a few that went 30 days late when filing and that's all that is reported.  Being 6+ years old I'm not worried about whether anything is wrong now... I can't see how my score is being affected and the derogs fall off in a few months anyway.

[Anonymous]

Several of my accounts with Equifax are showing "Late" in the payment status ,In Bankruptcy  and no amount listed, should I dispute the "Late" part of it or is it ok as is?