Does this fall off my CR in 2016 or 2019?

[wop01]

The screenshot of the account:

http://oi60.tinypic.com/2rdf86x.jpg

Stopped paying the CC mid-2009. Sued late 2011. Settled for 70% of balance early 2012. Does it fall off based on the 2009 delinquency date or 2012 charge off date?

I know since it's CapOne there's no point in sending GW letters. I live in TX.

[camille11]

It looks like 2019 to me.  Anyone else think so?

[guiness56]

It is impossible to tell by what is posted.

The DoFD would be the first time you were late and never brought the account current before the CO.

You stopped paying in 2009.  Was the account current when you stopped paying?  If your first 30 day late was in 2009 and never brought current it would be excluded sometime in 2016 or even 2017 depending on when you became late.

[RobertEG]

+1

The account itself does not "fall off" based on any of the derogs reported.

Credit report exclusion applies only to indvidual adverse information reported on the account.

Once all derogs have become excluded, the account will still show a status of settled.

Date of a CO never determines credit report exclusion. The date of a CO is only relevant in that the DOFD must have been earlier than the date they took or reported the CO.  Thus, if a reported DOFD is ever later than their reporting of a charge-off, it is necessarily inaccurate.

DOFD applies only to the exclusion of the charge off or of their referral for collection, which must both be excluded from your credit report no later than 7 years plus 180 days from that DOFD.  The DOFD would be the first delinquency is the most recent chain of delinquency that immediately preceded the reported CO or collection referral

As stated, the status of the account between reported derogs cannot be determined solely from your CR, so you need to rely on your account records.

The creditor was required to have reported what they consider to be the DOFD, and that is the date the CRA will use to determine exclusion of the CO and collection referral.  You should get the reported DOFD and compare with your account records to determine whether it is correct.  That wll tell you definatively when the CO and collection referral must become excluded.

Monthly delinquencies become excluded no later than 7 years from their individual dates.  Thus,they have their own exclusion dates, unrelated to DOFD.

It is possible that, if monthly delinquencies were continued to have been reported more than six months after the reported DOFD, their exclusion date coould be later than that of the CO and collection referral.  However, the CRA may choose, as an easy convenience, to simply also exlcude those monthlies based on the DOFD.

I would speculate that they will.

The more important consideration may be the judgment.  Has that been picked up by the CRA, and also showing in your CR?

If so, it can remain for up to 7 years from the date of the judgment.