Who do I call what can I do?

[NASCAR20FAN]

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

Thanks... I'll keep you post in mind!

[keepmine]

djk,

Nothing in the bk reform act even mentions credit reporting.

[djk]

djk,

Nothing in the bk reform act even mentions credit reporting.

OK, I may have miscommunicated things, this is my point..

The FCRA allows for credit reports to list bankruptcies for 10 years. Accounts
included in a bankruptcy will normally be in credit reports for seven years, but the individual needs to keep track of it because some people are still trying to get the seperate accounts deleted after the 7 year period. Thing to remeber is they can be there up to seven years and usually are. Now, say all the seperate accounts included in the bankruptcy do fall off after seven years, the bankruptcy itself is still reported, and it will be for 10 years from the date of filing. Nascar, I think, shot himself in the foot by including a 6 year old charge off in this bankruptcy, because now it can be shown as included in the bankruptcy. It's nothing sinister by the creditors they are simply reporting the facts, that this individual included this debt in a bankruptcy. And legally, I think, they are allowed to report this IIB for seven years just like any other creditor that had debt discharged by the courts. Personally, I think it all amounts to a hill of beans cause he is pretty much screwed anyway for the next seven years or so. On a side issue, I wish you would learn to use the quote function on the board cause what you are doing is completely screwing up your posts, IMHO. Have a good day.

[keepmine]

The FCRA specifically mentions the 10 year reporting period for bk and it also specifically states that chargeoffs may be reported for 7 years. Nowhere does it state that IIB accounts are to be listed for 10 years.
Again, read the FTC opinion letters. Congress intended for a date certain to start the reporting period

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

Thus, Congress intended to establish a date certain -- the start of the delinquency -- to begin the obsolescence period (now seven years, plus 180 days).(2) The alternate view stated to you (that the date of reporting controls) is at variance with both the plain language of these amendments, and the intent of Congress in enacting them.

Back in the day when I really cared about credit reporting, I did see a few credit reports where an old bk was still reporting but all of the IIB accounts had fallen off at the 7 year mark.
If they don't fall off at the 7 year mark, Nascarfan has grounds for a lawsuit assuming he follows the correct protcol for a dispute.

[djk]

Ok, well, then there is the issue that Nascar really isn't too specific about that charge off. It's a catch all description for several possibilities. One being that it is no longer even in consideration for active collection and another being that it is. Either way, technically the "charge-off" should be considered as a "live" debt until the 7 year period runs out. Basically that charge off is still open for collection by somebody for 7 years, if it is or not is another issue. Nascar never explained the actual nature of the charge off. Taking that into consideration he included this charge-off in his bankruptcy much like he included any other "live" debt (like a open charge account) and thus the holder of that charge off is due the same rights as the open charge account holder.

[NASCAR20FAN]

Ok, well, then there is the issue that Nascar really isn't too specific about that charge off. It's a catch all description for several possibilities. One being that it is no longer even in consideration for active collection and another being that it is. Either way, technically the "charge-off" should be considered as a "live" debt until the 7 year period runs out. Basically that charge off is still open for collection by somebody for 7 years, if it is or not is another issue. Nascar never explained the actual nature of the charge off. Taking that into consideration he included this charge-off in his bankruptcy much like he included any other "live" debt (like a open charge account) and thus the holder of that charge off is due the same rights as the open charge account holder.

What? The C/Os are included in my BK I don't know how much more plain I can be?