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Hello everyone. I have been lurking and reading for about 3 months and usign tips here to start repairing my destroyed credit.
I am having an issue with one item that went to charge-off and collection.
In Jan 2010, I opened a credit line with Firestone (Credit First) for $2k. Ten days after I opened that account, I found myself in the hospital and my income stopped. I burned through my savings paying medical bills and simply forgot about the Firestone card. When I got out of the hospital, my savings were exhausted, I obviously had no job, and I had to move.
That Firestone credit line went to collections, was charged off, and now is a stigma on my credit report.
I am looking at my Experian credit report and it shows the tradeline as having paid in Jan 2010 and then no activity until 2013.
Jan 2013 and Feb 2013 both report as "OK" and then March shows 30 days late, April shows 60 days late, May is 90, June is 120, July is Failed to Pay, August is Failed to pay, and then the account stops reporting.
I never paid them in 2013. I never made a payment on this card at all.
Shouldn't the report reflect:
Feb 2010 30 days late
March 2010 60 days late
April 2010 90, days late
May 2010 120 days late
... then sometime after going into a chargeoff?
Can they choose to not chargeoff the debt for 3 years? I had zero communication with them since opening the card even to this day.
Thank you for any insight. I am looking at this thinking it should have charged off in 2010 which would mean pursuant to the seven year rule, it would fall off my credit file this year.
Credit report exclusion applies to each adverse item reported to your credit report.
Each type of adverse item has its own individual exclusion period and definition of when that exclusiion period begins.
All of the types of adverse information and their respectice credit report exclusion provisions are set forth in FCRA 605(a).
Individual monthly delinquencies each have their own credit report exclusion date of no later than 7 years from the date of occurence of the monthly delinquency. Thus, a monthly delinquency that occured in 2013 would have an exclusion date of the equivalent month in year 2020.
If a creditor charged-off a delinquent debt, they are entitled to additionally report that they took that accounting measure. If they did report the charge-off, they are also required under FCRA 623(a)(5) to additionally and separately report the date of the first delinquency in the chain of delinquencies that led to the charge-off. That DOFD then is used by the CRA to determine when the reported charge-off must become excluded. More specifically, the charge-off can no longer appear in your credit report after 7years plus 180 days from the reported DOFD.
Similarly, a debt collector may choose to report their collection, and if they do, must similarly obtain the DOFD on the OC account, and report it to the CRA. The collection must then be excluded no later than 7 years plus 180 days from the reported DOFD.
REported monthly delinquencies are not used to determine when a collection of charge-off must become excluded.
Creditors are not required to report each and every delinquency, and a first reported delinquency is not necessarily the DOFD.
Thus, the DOFD is required to be separately and explicitly reported, and that reporting alone is then used by the CRA to determine credit report exclusion of the charge-off.
Did the creditor actually report a charge-off? If so, what is the DOFD they then reported?
Did the debt collector actually report their collection? If so, what is the DOFD that they separately reported?
Hello RobertEG
I couldn't log into my previous account to reply, so I had to make a new one.
Thank you for the wonderful explanatio and insight. The DOFD was certainly a piece of the puzzle I was missing.
To answer your questions:
1. Did the creditor actually report a charge-off?
YES
2. If so, what is the DOFD they then reported?
The first late payment which they report leads to the charge off and therefore I would assume is the DOFD; that date is March 2013.
3. Did the debt collector actually report their collection?
It doesn't appear so since I have no collections entry on an any of my credit reports.
4. If so, what is the DOFD that they separately reported?
N/A
I'm simply surprised to see this entry on my credit report having no activity reported for about 3 years and then suddenly, bam, the credit line appears and goes 30,60,90,120, Collection, Charge Off.
For clairty, here is a breakdown of the reporting (same on all 3 bureaus):
2010 Jan OK 2010 Feb ND (No Data) 2010 Mar ND 2010 Apr ND 2010 May ND 2010 Jun ND 2010 Jul ND 2010 Aug ND 2010 Sep ND 2010 Oct ND 2010 Nov ND 2010 Dec ND 2011 Jan ND 2011 Feb ND 2011 Mar ND 2011 Apr ND 2011 May ND 2011 Jun ND 2011 Jul ND 2011 Aug ND 2011 Sep ND 2011 Oct ND 2011 Nov ND 2011 Dec ND 2012 Jan ND 2012 Feb ND 2012 Mar ND 2012 Apr ND 2012 May ND 2012 Jun ND 2012 Jul ND 2012 Aug ND 2012 Sep ND 2012 Oct ND 2012 Nov ND 2012 Dec ND 2013 Jan OK 2013 Feb OK 2013 Mar 30 2013 Apr 60 2013 May 90 2013 Jun 120 2013 Jul C 2013 Aug CO