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Looking at the delinquency dates, when do you think this should be removed from report?

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Anonymous
Not applicable

Looking at the delinquency dates, when do you think this should be removed from report?

Date Opened: 09/29/2005 Balance: $0
Pay Status: » Account 120 Days Past Due Date«
Responsibility: Individual Date Updated: 09/12/2013 Terms: Monthly for 62 months
Account Type: Installment Account Last Payment Made: 09/29/2005
Date Closed: 09/12/2013
Loan Type: STUDENT LOAN High Balance: $2,625
» Maximum Delinquency of 120 days in 02/2011
and in 09/2013«
Remarks: TRANSFERRED TO ANOTHER LENDER; TRANSFERRED TO ANOTHER OFFICE
Estimated month and year that this item will be removed: 07/2019

This was extracted from the TU report I received in the mail. I would think they would base the removal date using the date of last payment?
Thanks for all the awesome information!
3 REPLIES 3
RobertEG
Legendary Contributor

Re: Looking at the delinquency dates, when do you think this should be removed from report?

More information is necessary to determine the relevant exclusion provisions.

If it is a federal Perkins or FFEL student loan, then derogs are not subject to credit report exclusion until the debt is paid in full.

Is it a federal loan?  Is the loan repaid, or are they only reporting a $0 balance because the loan was transferred to another?

 

Monthly delinquencies on student loans other than Perkins or FFEL loans are subject to the normal exclusion provisions of FCRA 605(a)(5), which requires exclusion of a delinquency no later than 7 years from the date of the reported delinquency.  Date of last payment is not used in exclusion of a monthly delinquency.

Message 2 of 4
Anonymous
Not applicable

Re: Looking at the delinquency dates, when do you think this should be removed from report?

  • The date for the last period is the date it first became delequent and was never caught up again. So the first time it was 120 days late doesn’t count because it was caught up again. You go from the second time it was 120 days late and never caught up again. Need more info to see every one of the lates history to give you a definitive date.
Message 3 of 4
RobertEG
Legendary Contributor

Re: Looking at the delinquency dates, when do you think this should be removed from report?

Date of first delinquency is only relevant to the exclusion of a charge-off or collection.  FCRA 605(c), as it amends FCRA 605(a)(4).

 DOFD has no relevance to determination of the exclusion date of an individual monthly delinquency.  

 

FCRA 605(a)(5) is the relevant exclusion provision for monthly delinquencies, and requires exclusion no later than 7 years from the date of occurrence of each indvidual delinquency.

 

Additionally, the Higher Education Act supercedes the exclusion provisions of the FCRA for certain federal student loans until the debt is paid in full, so the above exclusion provisions do not apply to certain federal student loans.

 

 

Message 4 of 4
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