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30 days late?

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Anonymous
Not applicable

30 days late?

Long story short, due to travel, this month our auto loan payment has had to fall late. It was due 06/29, payment scheduled to go out 07/28. 29th day late. It still has not left our bank or been posted with our loan bank (5/3). Next payment due Sunday 07/29 (already scheduled). Will we be 30 days late?????
Message 1 of 8
7 REPLIES 7
Anonymous
Not applicable

Re: 30 days late?

Also, 5/3 does not allow weekend scheduling, their call center does not operate on the weekends, etc. Payments sent through BofA.
Message 2 of 8
JVille
Valued Contributor

Re: 30 days late?

Yes you are 30 days late. Since you had days 2-29 to get it to them. Had you made it directly on their website you may have avoided this.
Message 3 of 8
Anonymous
Not applicable

Re: 30 days late?

Today is day 29. If the bank does not accept incoming payments on Saturday/Sunday (but will be posted Monday), does this not count under CARD? Haven't had to make weekend payments before, don't know how banks process these!
Message 4 of 8
RobertEG
Legendary Contributor

Re: 30 days late?

The issue is not one of a billing due date being on a non-business day, it is one of what happens if a date that is 30 days after the billing due date falls on a non-business day.  CRA policy, and not any provision of regulation or law, specifies that a late payment does not become reportable to them as a 30-late until its period of delinquency has reached 30 days from the billing due date.

However, they are similar isues.

 

The CARD Act requires that if a billing due date falls on a non-business day, such as a weekend, then the payment must be considered timely if received on the next business day.

 

The CARD Act, however, does not specifically address the related but different issue of when a CRA must consider a delinquent payment as having reached 30 days past the billing due date, and thus reportable to a CRA as a 30-late.

 

Technically if a payment is not received within 30 days after the billing due date, it then becomes reportable to a CRA.

One could, however, use the reasonable argument that the CRAs should apply the same standard as that of the CARD Act when considering whether a delinquency has become a reportable 30-late, but the CRAD Act does not directly regulate the matter.

The FCRA does not address the issue of when a delinquency becomes reportable to a CRA.

 

I would contact the creditor and make the argument that they should not report the payment to the CRAs as late, using the parallel logic of the FCBA.

Message 5 of 8
Anonymous
Not applicable

Re: 30 days late?

Since they have no weekend business hours, I'll contact them Monday! Thank you for the thorough reply. I also interpreted it in that way.
Message 6 of 8
Anonymous
Not applicable

Re: 30 days late?

I would look into setting up autopay if it's available to avoid situations like this.

Message 7 of 8
rcsoco
Member

Re: 30 days late?

Also, why are paying $35 late fees every month? you are wasting alot of money every year, i hope you dont do this with all your bills!


@Anonymous wrote:
Long story short, due to travel, this month our auto loan payment has had to fall late. It was due 06/29, payment scheduled to go out 07/28. 29th day late. It still has not left our bank or been posted with our loan bank (5/3). Next payment due Sunday 07/29 (already scheduled). Will we be 30 days late?????

 

Message 8 of 8
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