topic Re: Charge Off makes a reappearance :( in Rebuilding Your Credit

Charge Off makes a reappearance :(

myquestionsfico — Mon, 03 May 2021 17:49:51 GMT

So, up until February of this year, I had a charge off on Equifax reporting for a Greenville Federal Credit Union Visa card I had with them. Sometime in Feb this year, it magically dropped off early. It had been reporting since 2015. For all the years it was on my report, it always showed the following:

Date of First Delinquency - May 1, 2014

Delinquency First Reported - Jan 1, 2015

So now I see that it has showed back up on my report, but now it shows the following:

Date of First Delinquency - Jan 1, 2015

Delinquency First Reported - Jan 1, 2015

I don't understand how for YEARS it showed the DOFD as 05/2014, and now it has moved into the future, just when I thought I was definitely past the 7 year clock.

Do I have any recourse? I don't have any records from years ago, but I do have copies of previous Equifax reports (the latest being Jan and Feb of this year) with the original DOFD date.

Re: Charge Off makes a reappearance :(

Brian_Earl_Spilner — Mon, 03 May 2021 18:04:02 GMT

File a dispute and submit the previous reports as proof.

Re: Charge Off makes a reappearance :(

Anonymous — Mon, 03 May 2021 18:16:34 GMT

Agreed with @Brian_Earl_Spilner. Just submit the dispute online and use an older report as your proof. It'll get fixed.

Re: Charge Off makes a reappearance :(

myquestionsfico — Mon, 03 May 2021 19:32:41 GMT

Thank you both! I tried submittin earlier, but for some reason their electronic ability to receive supporting documentation is down today (wouldn't you know it?). Hopefully it will be up and running soon. I'll keep you posted on if it works. Crossing my fingers!

Re: Charge Off makes a reappearance :(

Anonymous — Tue, 04 May 2021 04:29:19 GMT

+1 Make sure you attach the documentation because that requires another level of review.

Re: Charge Off makes a reappearance :(

House2021 — Tue, 04 May 2021 09:48:11 GMT

Rather than wait up to 30 days tor the credit bureau to review and simply correct, not delete, I would file a BBB complaint against the. Requesting deletion, it's my understanding re-aging the debt can cause then to be fined $1000+ and is a big big no no

Re: Charge Off makes a reappearance :(

myquestionsfico — Tue, 04 May 2021 21:09:55 GMT

Well, I don't think I want to do that. As I noted at first, I don't have documentation on when the actual DOFD is, and I don't really recall if what they were showing (5/1/2014) is accurate or not...but that is the date they reported for 6+ years until a few months ago when it just dropped off my report. Now that it has magically reappeared, the DOFD is showing as 1/1/2015, which very well could be correct.

Re: Charge Off makes a reappearance :(

Anonymous — Tue, 04 May 2021 21:11:52 GMT

I hate to say it, but the BBB lacks any real authority that I’m aware of.

Re: Charge Off makes a reappearance :(

House2021 — Tue, 04 May 2021 21:35:05 GMT

The BBB lacks authority but effective in getting the right people to respond. I was able to get nearly $50,000 in debt eliminated through complaints to the BBB without paying a penny, even two collection companies deleted from my report and a charge off deleted, which you usually can't get deleted for anything.

Re: Charge Off makes a reappearance :(

Anonymous — Tue, 04 May 2021 21:51:51 GMT

@House2021 wrote:
The BBB lacks authority but effective in getting the right people to respond. I was able to get nearly $50,000 in debt eliminated through complaints to the BBB without paying a penny, even two collection companies deleted from my report and a charge off deleted, which you usually can't get deleted for anything.

@House2021 I am impressed. Tell me more.

Re: Charge Off makes a reappearance :(

RobertEG — Tue, 04 May 2021 23:51:22 GMT

Have you called the creditor and discusssed with a supervisor?

The fact that they reported the DOFD as being the same as the "delinquency first reported" looks suspiciously like a simple misunderstandting of DOFD on the part of the employee who reported the DOFD when they reinstituted reporting.

I would suspect that an informal resolution would be likely......

Re: Charge Off makes a reappearance :(

House2021 — Wed, 05 May 2021 05:02:43 GMT

Birdman7 with the BBB I filed a complaint because a local credit union was reporting a charge off as $8000ish meanwhile the collection agency assigned to it was reporting $15000ish, I disputed it and overnight the CU increased it to $14,000ish. I pulled up statements and it had a statement and a year end statements showing no interest and that $8000ish was filed, I filed BBB complaint and the CU pulled the collection and deleted the CO without me paying a penny. Then as a result of all my other disputes, one collection agency sent me paperwork that clearly showed that the debt was for $1974 but they were reporting $2000ish, I filed BBB dispute and said I wanted it deleted or the $1000 penalty for verifying inaccurate info with the Credit bureaus, they deleted it. I filed a dispute against Another collection agency stating they sent no proof, they deleted one out of five as a courtesy ($2400 - the highest balance of all 5 collections) I disputed another credit union account that was showing an $8000 balance and they assigned it to a CA charging $15,000ish despite the CU validating debt owed as $8000, well they pulled the collection causing the collection to be deleted, so in total this is what was deleted without any payment:

$14,000 CU charge off, $15,000 CA (same account, both reporting)

$15,000 CU collection

$2400 collection

$2000collection

Re: Charge Off makes a reappearance :(

Anonymous — Wed, 05 May 2021 02:24:09 GMT

Impressive.

Re: Charge Off makes a reappearance :(

myquestionsfico — Wed, 05 May 2021 02:51:38 GMT

I have not. I don't want to poke the bear and have them chasing me about the debt.

Re: Charge Off makes a reappearance :(

myquestionsfico — Wed, 05 May 2021 23:33:46 GMT

So I disputed and sent in the documentation (older credit reports showing the earlier DOFD).

SO NOW, they did it to a 2nd charge off of mine, same OC. The original DOFD they were reporting for years was 6/1/2014....but it had dropped off my credit report at some point. It's back, with a vengeance, and a new DOFD of 1/1/2015. I could just scream. So now, I've done the same as the first and disputed THAT ONE (with old credit report documentation).

Re: Charge Off makes a reappearance :(

8in2years — Fri, 07 May 2021 01:31:21 GMT

You are right, filing complaint ( with BBB or other agencies) do work. Many just do not know about them, they are there to help the consumer.

Re: Charge Off makes a reappearance :(

8in2years — Fri, 07 May 2021 01:34:18 GMT

Yes, it is illegal for them to verify inaccurate information according to

15 U.S. Code § 1681n - Civil liability for willful noncompliance

(a)In generalAny person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of—

(1)
(A)
any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or
(b)Civil liability for knowing noncompliance
Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater.

Re: Charge Off makes a reappearance :(

8in2years — Fri, 07 May 2021 01:46:52 GMT

Credit reporting agencies have to have your consent to report these accounts, addresses ,inquiries , every piece of information on your credit report. Did you give TU, EX + EQ written instruction to furnish your information? If the answer "no"? Then Tu, EX + Eq are all in violation of the law. You have rights as a consumer. Use these codes to your advantage.

Look the 4 codes up(on google) I have provided below.

##(1)

15 U.S. Code § 1602 -(p)

##(2

15 U.S. Code § 1643 (E)

##(3

15 U.S. Code § 1681b - Permissible purposes of consumer reports
(2)
In accordance with the written instructions of the consumer to whom it relates

15 U.S. Code § 1681n - Civil liability for willful noncompliance

(a)In generalAny person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of—

Re: Charge Off makes a reappearance :(

Anonymous — Fri, 07 May 2021 07:59:13 GMT

@8in2years wrote:
Credit reporting agencies have to have your consent to report these accounts, addresses ,inquiries , every piece of information on your credit report. Did you give TU, EX + EQ written instruction to furnish your information? If the answer "no"? Then Tu, EX + Eq are all in violation of the law. You have rights as a consumer. Use these codes to your advantage.

Look the 4 codes up(on google) I have provided below.
##(1)
15 U.S. Code § 1602 -(p)
##(2
15 U.S. Code § 1643 (E)
##(3
15 U.S. Code § 1681b - Permissible purposes of consumer reports
(2)
In accordance with the written instructions of the consumer to whom it relates
#4
15 U.S. Code § 1681n - Civil liability for willful noncompliance
(a)In generalAny person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of—
(1)
(A)
any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or
(b)Civil liability for knowing noncompliance
Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater.

@8in2years The law you cited allows the credit bureaus to report the accounts without our consent. You might want to read that.

Re: Charge Off makes a reappearance :(

8in2years — Fri, 07 May 2021 09:25:18 GMT

Which specific code are you referring to ? When you said

"The law you cited allows the credit bureaus to report the accounts without our consent. You might want to read that. "

I know this specific code 15 U.S. Code § 1681b - Permissible purposes of consumer reports states

(a)In general Subject to subsection (c), any consumer reporting agency may furnish a consumer report under the following circumstances and no other:

(1)
In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury.
(2)
In accordance with the written instructions of the consumer to whom it relates. <<<<<---------the majority of us have not given written instructions to the consumer reporting agencies.