ExpertLaw Forum - Help With Your Legal Questions
Auto Loans and Repossession Creditor actions following late payment or default on motor vehicle loans.

Reply
 
Thread Tools Display Modes
  #1  
Old 02-11-2009, 01:48 PM
rezervd rezervd is offline
Junior Member
 
Join Date: Feb 2009
Posts: 1
Default Repo with Incorrect Pay History
My question involves an auto loan or repossession in the State of: North Carolina

I had a boat Repo'd in 2001-2002 which was deemed a CO in 2002. They then showed Paid As Agreed through 2005, then another CO in 2005 followed with R for Repo. Now they are showing Paid as agreed since Dec 08???

The SOL on this was supposedly April 09. I have not made any payments since 2001-2002. They are currently showing it as a balance? I am posting it below, removing any personal data. Any help would be greatly appreciated

Account Number: XXXXXXXXXXXXX Current Status: REPOSSESSION
Account Owner: Individual Account. High Credit: $14,000
Type of Account : Installment Credit Limit: $0
Term Duration: 96 Months Terms Frequency: Monthly (due every month)
Date Opened: 2001/07 Balance: $8,169
Date Reported: 02/2009 Amount Past Due: $0
Date of Last Payment: Actual Payment Amount: $0
Scheduled Payment Amount: $193 Date of Last Activity: N/A
Date Major Delinquency First Reported: 09/2005 Months Reviewed: 40
Creditor Classification: Activity Description: N/A
Charge Off Amount: $0 Deferred Payment Start Date:
Balloon Payment Amount: $0 Balloon Payment Date:
Date Closed: Type of Loan: Auto
Date of First Delinquency: 07/2002
Comments: Involuntary repossession
81-Month Payment HistoryYear Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2009 *
2008 R R R R R R R R R R R *
2007 R R R R R R R R R R R R
2006 R R R R R R R R R R R R
2005 * * * * * * * CO R R R R
2004 * * * * * * * * * * * *
2003 * * * * * * * * * * * *
2002 * * CO * * * * *


???

I have investigated it 3 times to get it to show correctly, but maybe I should leave it alone or I am doing something wrong??
Reply With Quote
  #2  
Old 02-12-2009, 10:46 PM
OhMy OhMy is offline
Senior Member
 
Join Date: Apr 2008
Location: Texas (Dallas area)
Posts: 1,408
Default Re: Repo with Incorrect Pay History
Quoting rezervd
View Post
My question involves an auto loan or repossession in the State of: North Carolina

I had a boat Repo'd in 2001-2002 which was deemed a CO in 2002. They then showed Paid As Agreed through 2005, then another CO in 2005 followed with R for Repo. Now they are showing Paid as agreed since Dec 08???

The SOL on this was supposedly April 09. I have not made any payments since 2001-2002. They are currently showing it as a balance? I am posting it below, removing any personal data. Any help would be greatly appreciated

Account Number: XXXXXXXXXXXXX Current Status: REPOSSESSION
Account Owner: Individual Account. High Credit: $14,000
Type of Account : Installment Credit Limit: $0
Term Duration: 96 Months Terms Frequency: Monthly (due every month)
Date Opened: 2001/07 Balance: $8,169
Date Reported: 02/2009 Amount Past Due: $0
Date of Last Payment: Actual Payment Amount: $0
Scheduled Payment Amount: $193 Date of Last Activity: N/A
Date Major Delinquency First Reported: 09/2005 Months Reviewed: 40
Creditor Classification: Activity Description: N/A
Charge Off Amount: $0 Deferred Payment Start Date:
Balloon Payment Amount: $0 Balloon Payment Date:
Date Closed: Type of Loan: Auto
Date of First Delinquency: 07/2002
Comments: Involuntary repossession
81-Month Payment HistoryYear Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2009 *
2008 R R R R R R R R R R R *
2007 R R R R R R R R R R R R
2006 R R R R R R R R R R R R
2005 * * * * * * * CO R R R R
2004 * * * * * * * * * * * *
2003 * * * * * * * * * * * *
2002 * * CO * * * * *


???

I have investigated it 3 times to get it to show correctly, but maybe I should leave it alone or I am doing something wrong??
NO, they are showing it as a REPO and NOT paid as agreed. The * that you are seeing is a ND month (no data reported)
__________________
My posts are not intended to offend anyone. I am sorry if they have.

When it comes to your FICO scores you are dinged if you do and dinged if you dont
Reply With Quote
  #3  
Old 02-13-2009, 03:50 AM
divemedic divemedic is offline
Senior Member
 
Join Date: Jul 2008
Posts: 855
Default Re: Repo with Incorrect Pay History
The good news is that this will disappear from your report in July.
Reply With Quote
  #4  
Old 02-13-2009, 11:57 AM
OhMy OhMy is offline
Senior Member
 
Join Date: Apr 2008
Location: Texas (Dallas area)
Posts: 1,408
Default Re: Repo with Incorrect Pay History
Quoting divemedic
View Post
The good news is that this will disappear from your report in July.
True, but if they sell this off to a collection agency before then it can start the cycle all over again
__________________
My posts are not intended to offend anyone. I am sorry if they have.

When it comes to your FICO scores you are dinged if you do and dinged if you dont
Reply With Quote
  #5  
Old 02-13-2009, 01:59 PM
divemedic divemedic is offline
Senior Member
 
Join Date: Jul 2008
Posts: 855
Default Re: Repo with Incorrect Pay History
Quote:
True, but if they sell this off to a collection agency before then it can start the cycle all over again

That is incorrect. Read this opinion letter from the FTC:

Section 623(a)(5) requires a creditor that reports a chargeoff to a CRA to notify the agency (within 90 days of reporting the account) of "the month and year of the commencement of the delinquency that immediately preceded" the chargeoff. Section 605(a)(4) provides that the credit bureau may report the chargeoff for seven years. Section 605(c)(1) provides that seven year period begins 180 days from that date.

Also, from this FTC letter:

it was Congress' intent in enacting Sections 605(c)(1) and 623(a)(5) to establish a single date -- the start of the delinquency -- to begin the obsolescence period on these accounts. This avoids the "multiple date" problem that arguably existed prior to the 1996 amendments. In the case you described, the date of the "commencement of the delinquency" that led to the creditor's chargeoff or collection action would be July 1991 or earlier (depending on how long the account was continuously delinquent before that). The seven year period would start no later than January 1992 (180 days later), with the result that the chargeoff or collection could no longer be reported in most cases beyond January 1999.

The reason Congress passed this was that Collection agencies were bypassing the law by continuously selling an account from one collector to the other, effectively negating the 7 year reporting limit of the FCRA. Section 605(c)(1) and 623(a)(5) changed that.
Reply With Quote
Sponsored Links
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Forum Sponsor

Similar Threads
Thread Forum Last Post
Getting a Visa for a Fiancee with INA 212(A)(6)(C)(i) History Deportation and Reentry 01-03-2009 08:53 AM
DS-156 Form and Employment History H Visas 11-13-2007 10:59 AM
History And Origin Of The Longbow Banter 05-19-2007 01:16 PM
Credit card History Divorce 08-23-2006 06:55 AM
Getting a Job with Sex Offender History Sex Offenses 06-05-2006 09:31 AM



All times are GMT -7. The time now is 11:20 PM.

Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice. Laws vary by state, and the laws described in this forum may be different in your state or may have been changed since the information was posted. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Use of this forum is subject to the ExpertLaw terms of use.


Powered by vBulletin® Version 3.8.2
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
Copyright © 2004 - 2008 ExpertLaw.com, All Rights Reserved