Who do I call what can I do?

[NASCAR20FAN]

All the items on my credit report were being rerepoted as of 06/2006. I have items that were going to fall off next year, now they will still be on my report. I call the clerk.. No help! I called my lawyer.. No help! What can I do? This cannot be legal, right?

[NASCAR20FAN]

Surely someone has something on this please...

[keepmine]

Derogatory info like chargeoffs can stay on your report for 7 years.
Send a written dispute to each CRA stating that the tradeline has been illegally reaged by subscriber. Send the letter CRRR.

[NASCAR20FAN]

Derogatory info like chargeoffs can stay on your report for 7 years.
Send a written dispute to each CRA stating that the tradeline has been illegally reaged by subscriber. Send the letter CRRR.

I know all that... My question, is it leagal for these poeple to keep rerporting these items just because I filed? I have items that would completely dissaper soon and now they will be on for an addition 7 years

[NASCAR20FAN]

These are old past due items that were included in your bankruptcy? Or were they already charged off?

C/O included...

[keepmine]

No, it's not legal. There are several FTC opinion letters that state that Congress intended for a date certain to start the reporting period.

http://www.ftc.gov/os/statutes/fcra/johnson.htm

http://www.ftc.gov/os/statutes/fcra/kosmerl.htm

http://www.ftc.gov/os/statutes/fcra/amason.htm

. Is the reporting period extended if (A) the original creditor sells or transfers the account to another creditor, (B) the consumer responds to post-chargeoff collection efforts by making a payment on the debt, or (C) the consumer disputes the account with a CRA? Does it matter whether the 7-year period has expired when any of these events occurs?

No. In enacting the new provisions discussed above, Congress intended to establish a date certain -- 180 days after the start of the delinquency that led to the chargeoff -- to begin the obsolescence period. It did so to correct the often lengthy extension of the period that resulted from later events under the original FCRA. Enclosed are two staff opinion letters (Kosmerl, 06/04/99; Johnson, 08/31/98) that discuss the impact of these provisions, and the legislative history relating to their enactment, in more detail. Because the commencement of the seven year period is now described with some precision by the statute, it is our opinion that none of the subsequent events you listed -- sale of the charged off account by the creditor, or a payment on or dispute about the account by the consumer -- changes the allowable period for a CRA to report a chargeoff.

[NASCAR20FAN]

No, it's not legal. There are several FTC opinion letters that state that Congress intended for a date certain to start the reporting period.

http://www.ftc.gov/os/statutes/fcra/johnson.htm

http://www.ftc.gov/os/statutes/fcra/kosmerl.htm

http://www.ftc.gov/os/statutes/fcra/amason.htm

. Is the reporting period extended if (A) the original creditor sells or transfers the account to another creditor, (B) the consumer responds to post-chargeoff collection efforts by making a payment on the debt, or (C) the consumer disputes the account with a CRA? Does it matter whether the 7-year period has expired when any of these events occurs?

No. In enacting the new provisions discussed above, Congress intended to establish a date certain -- 180 days after the start of the delinquency that led to the chargeoff -- to begin the obsolescence period. It did so to correct the often lengthy extension of the period that resulted from later events under the original FCRA. Enclosed are two staff opinion letters (Kosmerl, 06/04/99; Johnson, 08/31/98) that discuss the impact of these provisions, and the legislative history relating to their enactment, in more detail. Because the commencement of the seven year period is now described with some precision by the statute, it is our opinion that none of the subsequent events you listed -- sale of the charged off account by the creditor, or a payment on or dispute about the account by the consumer -- changes the allowable period for a CRA to report a chargeoff.

Thank you very much... I'm going to call the FTC tomorrow! I'll keep you guys updated on what happening.

[keepmine]

The FTC is useless.
You need a credit repair site. Try www.creditboards.com and start with the newcomer thread.

[NASCAR20FAN]

I called the FTC yesturday. They opened a case for me. I told the lady there that TRANSUNION, EQUIFAX, and experian refused to help me get the dats changed back to what rthey were prior to BK. So I filed a complaint against them and the collection agencies that did it in the first place...

[djk]

if they were charge offs included then they become part of the bankruptcy situation and can be on the report up to another 10 years, I think.

[keepmine]

if they were charge offs included then they become part of the bankruptcy situation and can be on the report up to another 10 years, I think.

The public record of the bk filing can stay for 10 years. Individual accounts have to fall off 7 years from chargeoff . Read those FTC opinion letters I linked.

[NASCAR20FAN]

if they were charge offs included then they become part of the bankruptcy situation and can be on the report up to another 10 years, I think.

The public record of the bk filing can stay for 10 years. Individual accounts have to fall off 7 years from chargeoff . Read those FTC opinion letters I linked.

I know that, but they cannot just change dates whenever they feel like it...

[djk]

I think you stated that the 7 year period for the charge off was next year. So it was still a valid listing and since you included the charge off in the bankruptcy it was you who created the new action and thus the new time period for reporting. ALthough the charge off should now be reporting as IIB, probably.

[keepmine]

So it was still a valid listing and since you included the charge off in the bankruptcy it was you who created the new action and thus the new time period for reporting

This is not correct. I don't know what I can say. The FTC letters seem to be self explanatory.
New actions do not extend the time a chargeoff stays on your report. NCO paid a $1.5MM fine trying that stunt.

http://www.ftc.gov/opa/2004/05/ncogroup.htm

[djk]

The public record of the bk filing can stay for 10 years. Individual accounts have to fall off 7 years from chargeoff . Read those FTC opinion letters I linked.

those are OLD law, read the NEW law.