creditor reporting 30 day late

[Anonymous]

hello everybody! Im new here..I have been working on mine and my husbands credit recently. We have put in a lot of hard work and made quite a bit of progress. However, one of the last installment loans we have left just reported us 30 days late. I know that I was a couple of weeks late as I was working on getting other debt paid in full. I also know that i was very carefull not to allow it to go 30 days. While trying to figure out what had happened I looked at my bank statements and noticed that I had written them a check on 1/02 and it was not processed or cashed until 2/05! This caused me to go 30 days late as it looked like i didn't make a payment the whole month of of Jan. I called and talked to a supervisor and he said that he doubted that they would have any reason to hold a check and will not remove the late. Is there anything that I can do? I would rather not dispute because we hope to start the mortgage process soon.

While he was looking at my account he also tried to tell me that i was late back in Ocober which was already reported as on time. Is there a possability that he can change the status from October to late?

[MakingProgress]

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@Anonymous wrote:

hello everybody! Im new here..I have been working on mine and my husbands credit recently. We have put in a lot of hard work and made quite a bit of progress. However, one of the last installment loans we have left just reported us 30 days late. I know that I was a couple of weeks late as I was working on getting other debt paid in full. I also know that i was very carefull not to allow it to go 30 days. While trying to figure out what had happened I looked at my bank statements and noticed that I had written them a check on 1/02 and it was not processed or cashed until 2/05! This caused me to go 30 days late as it looked like i didn't make a payment the whole month of of Jan. I called and talked to a supervisor and he said that he doubted that they would have any reason to hold a check and will not remove the late. Is there anything that I can do? I would rather not dispute because we hope to start the mortgage process soon.

While he was looking at my account he also tried to tell me that i was late back in Ocober which was already reported as on time. Is there a possability that he can change the status from October to late?

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If you were in fact 30 days late then yes they can go back and correct what was reported incorrectly.  

As far as mailing a check and it not being cashed for a month.  You can thank the US Mail for that one.   I would be looking at options to make electronic payments in the future. 

[Anonymous]

The check was dropped in the mail slot of the door (I work nights so have always dropped it by when they are closed) I assumed that they just hadn't cashed the check. I never dreamed that they had not processed the payment. I guess Ill have to start paying over the phone and getting conf. Their online payment system is awful. I have had several loans with this place and have never had this problem with them.

[MakingProgress]

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@Anonymous wrote:

The check was dropped in the mail slot of the door (I work nights so have always dropped it by when they are closed) I assumed that they just hadn't cashed the check. I never dreamed that they had not processed the payment. I guess Ill have to start paying over the phone and getting conf. Their online payment system is awful. I have had several loans with this place and have never had this problem with them.

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Thats an entirely differenct issue then.   Legally they can't hold your payment, however just dropping it in a mail slot it could easily get lost.   I used to make a car payment that way, and would watch my bank account like a hawk to be sure it cleared when I expected it to clear. 

[RobertEG]

When did you receive the billing statement that first noticed you that the payment was late?

You have 60 days to then file a formal dispute under the provisions of the Fair Credit Billing Act (see FCBA 161).

An FCBA dispute has provisions not included under an FCRA dispute of accuracy of credit reporting.

The basis for the FCBA dispute would be lack of prompt posting of the payment to the consumer's account, as required under FCBA 164.

To that end, while it is asserted that the check was written on 1/02, it is unclear as to when it is asserted that it was received by the creditor.

Do you have any documentation that would show date of receipt by the creditor, or is the only documentation the date written on the check?

Additionally, or optionally, if the payment was posted within 29 days of the billing due date, then the payment was late, but is not reportable as a 30-late to any CRA based on the clearly stated reporting policy of the CRAs, as set forth in their common credit reporting manual, the Credit Reporting Resource Guide.  You could the file a dispute under the provisions of FCRA 611, with the CRA reporting policy being the basis for lack of a reportable 30-late.