Late's on TU- please help!

[toddk]

I have read a ton of posts on the forum, but it seems I am at a loss as to what to do. 

I recently filed bankruptcy, and have since worked on cleaning up the report. TU is constantly placing accounts that were in BK as 30 day lates. Yet when you go to look at the report from their perspective- there are 0 lates. From their site:

The date of your most recent missed payment or derogatory indicator is too recent or unknown 
There is evidence of a late payment on your file as recent as 1 months ago.Most FICO High Achievers, about 93%, have no missed payments at all. But of those who do have a missed payment, it happened nearly 4 years ago, on average.

Yet I sat on the phone withe people from India, and they could not tell me any account that was late. What am I supposed to do to fix this? EQ is fine, they show everything correctly and my score is 90 points higher.

The only thing I can think of is some of my accounts are 'derogatory' and the status keeps updating every month- but those accounts were part of the BK....

UGH!!!?! help, thanks! 

[RobertEG]

BK goes to obligations for payment, or discharge, of prior debt.

Prior delinquencies reported on a bad debt are not erased from credit reporting due to discharge of the debt obligation by way of BK.

If you had a legitimate prior delinquency, charge-off, collection, etc., the creditor is not precluded from reporting it at any time, even after a discharge of BK.

The fact of the derog stands on its own.

If you challenge the legitimacy of any derog in your CR, then you challenge it on its merits by a dispute with the creditor under FCRA 623(a)(8).

[toddk]

I'm not sure I understand you clearly, maybe more information will help. 

I was discharged 18 months ago via chp7. My credit report is showing late's as of a month ago, hence 17 months has gone by, and now new late's are appearing. The issue I have is, I have no idea which one is updating and showing late, and why only on TU?

Thanks!  

[toddk]

OK I will just reply to my own post here- in case people were wondering! 

Myfico.com is wrong, wrong, and more wrong regarding lates/derogatory. The reason they are wrong is all of those accounts were included in Bankruptcy. The reason why I see 30 days late is the creditor is updating the bureaus, and because they were derogatory due to the BK, myfico is interpreting this as a new '30 day' late. I just don't know if it affects the score... I would assume not.

What does mess me up is that of those derogatory accounts, one had a balance, which then showed it as an unpaid balance. Which was killing my score. 

I learned a a couple of other things: Unrated status, is just that, not affected. Does not have anything to do with your score.

Derogatory means: Collection, Public or included in Bankruptcy. 

I love the BK, never seems to end! 

[RobertEG]

Myfico.com is wrong, wrong, and more wrong regarding lates/derogatory. The reason they are wrong is all of those accounts were included in Bankruptcy. The reason why I see 30 days late is the creditor is updating the bureaus, and because they were derogatory due to the BK, myfico is interpreting this as a new '30 day' late. I just don't know if it affects the score... I would assume not.

What does mess me up is that of those derogatory accounts, one had a balance, which then showed it as an unpaid balance. Which was killing my score. 

_________________________________

BK discharges your obligtion to repay the debt.  It does not discharge the ability of a creditor to report to a CRA the derogs on repayment of the debt that occured prior to the discharge of BK, so I dont see their actions as wrong.  As long as the delinquency occured prior to account closure, it can be legitimately reported to a CRA.

Once BK is discharged, then the debt owed is $0, so I agree with that.

To further aggrevate matters, the OC could now, in my opinion, do a charge-off of the uncollectible debt, and post a CO to your CR.  That is solely their own internal bookeeping determination.  BK did not remove the former asset from their books.  Just their ability to collect it.