Have you had any success?

[Anonymous]

After your discharge,has anyone had any luck removing late pays/CO showing on your payment/account history after the initial file date? Any GW examples?

[0REDSOX7]

I tried with capital one and GE, rejected all ten times total...

Was told it was valid (which it is) and they would be leaving it.

[Anonymous]

Well you certainly gave it an earnest effort. I keep reading on the web that they cannot report lates or CO's after the file date, but nowhere can I find a legal ground to stand on with that. I have a Gulf Card Acct in IIB/Discharge that has red marks all of over 2 years after the file date. I guess the best way to approach this is just to give it a try and see what happens. Like a double whammy. IIB and then lates with CO. Was never late on this account prior to the BK.

[0REDSOX7]

The legal definition according to the consumer finance attorney I met with was that they can't initiate a new late, ie, 30 days late AFTER you filed.

If you were 30 days late prior to filing - they are allowed to let it reach 60/90/120/CO status in the payment history - so long as the account reads a zero balance and IIB.

Legally, after 120 days late, they are to charge it off - which is why they are able to report on it.

So, if you were late prior to filing, they can continue the progression, so long as, at a minimum, you had a 30 day late reported.

If that never happened, then you have legal ground to stand on, otherwise, you're stuck with it.

[DaveInAZ]

Good advice, as always. ^^^^^

It seems to depend on the CRA & lender. I had a BofA Amex card showing up 60-90-120-150late-CO after filiing on Experian, 30 days late prior to filing. I disputed that and BoA changed everyting to OK, never late, IIB/discharged. GE/Synchrony wouldn't change anything as I was late prior to filing. Had similar reporting on Equifax and they wouldn't even consider my dispute. TU is my best score as they show nothing late after filing, even if I was late prior to filing.

[0REDSOX7]

TU and EQ delete payment history when you file - it's EX that's the devil. Haha. They keep all payment history.

[DaveInAZ]

---

@0REDSOX7 wrote:
TU and EQ delete payment history when you file - it's EX that's the devil. Haha. They keep all payment history.

---

Yeah, but EQ has in my report "date of 1st delinquency" and "Date Major Delinquency First Reported". For my IIB accounts most show 1st delinquency as before I filed, which is true (attorney made me wait 90 days to file because of cash advances in the form of CC checks), but Major Delinqency are all post filing, and they won't change them.

And this is how that affects my scores (as of 10/31):

TU 714

EX 702

EQ 690

That's from my application to refinance my mortgage with a new 30 yr. conventional mortgage 3 mos. shy of 4 yrs. post discharge. I decided to apply now to lock in a low rate - 3.6% fixed - and I'm past due to get a new car and for a mortgage the lower the debt to income ratio, the better. Refi chances looking pretty good, fingers crossed.Fannie Mae and Freddie Mac will allow a conv. mort. 2 yrs.+ post discharge when "extenuating circumstances beyond his or her control caused the BK" - in my letter explaining my BK I blamed the 2008 financial crises for loss of self employment income, and that is highly unlikely to occur again as I have been a government employee (local county) for almost 3 yrs.

[Anonymous]

Red Sox, Yes I did notice that TU and EQ have removed the late/payment history on many. EQ with there big red dots, is a hard nut to crack. Thanks for the info you on the late pays/CO. This is the situation with GULF which I am about to dispute with a GW letter to see if I can at least get the payment/account  history to delete.

[Anonymous]

Dave, Had a similiar experience with one of my accounts, actually with Capital One, who just gave us two credit cards a few weeks ago. Surprise. Anyway, they changed the IIB account with delinq history over to "Pays As Agreed" Closed, Removed acct/payment history and moved over in CR's to account in good standing. That was nice.

[Anonymous]

TU and EQ delete payment history when you file - it's EX that's the devil. Haha. They keep all payment history.

Red Sox,

Did you notice any difference in regards to your score when TU and EQ removed the acct/payment history. It is still listed as IIB and a negative, so basically is this going to change anything, other than a lender not being able to manually see the history if pulled. I haven't noticed any changes yet as it is all so new with the removals.  A few that I disputed just deleted the whole account.