11-24-2012 12:28 PM - edited 11-24-2012 12:30 PM
Date Opened: 02/27/2007 Responsibility: Individual Account Account Type: Installment Account Loan Type: AUTOMOBILE Balance: $0 Date Updated: 05/01/2008 Last Payment Made: 07/20/2009 <--- HUH?? How is there a payment listed AFTER the account was closed High Balance: $6,944 Pay Status: >Account Included in Bankruptcy< Date Closed: 05/01/2008 Date Paid: 03/28/2012
Estimated month and year that this item will be removed: 01/2015 <--- Soooo, how did they come up with this date?
A closed account with a balance is still subject to payments, and if those payments are late, subject to reporting of delinquencies.
So I see nothing inherently inaccurate in reporting a payment made after account closure.
The issue is whether a payment was actually made on that date.
The account was included in a BK discharge at some unspecified time, which required reporting of a new debt balance of $0. They apparently did that.
I presume the alleged payment was made prior to discharge of the debt. Discharge of the debt, either by its satisfaction or by BK, does not mandate deletion of any accurate reporting of activity that occured prior to the discharge of the debt.
I presume the estimated date of CR exclusion was provided by the CRA. They use whatever type of delinquency that was reported, and look up the relevant date of that item. For monthly delinquencies, they look up the date of its occurence, and add 7 years (which is its max exclusion date, and they can use an estimated date that is less).
For a collection or a charge-off, they look up the reported DOFD on the OC account, and add 7 yrs + 180 days to determine its max inclusion date. Their estimated date cannot be later than that date, but can be earlier. So estimated date is based on whatever is reported, but does not tell you how much time they added. They can exclude earlier in order to give themselves some breathing room to ensure they dont go beyond the max.
So the estimated date came from the reporting of the party of the delinquency or the DOFD, plus some arbitrary period added by the CRA, not to exceed the max statutory period. If the party reported an inaccurate date, then they are at fault, not the CRA.
03-24-2013 09:43 PM
Split post to form a new thread within Rebuilding Your Credit
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