millerwl71 Posted June 17, 2005 Report Share Posted June 17, 2005 I went bankrupt and discharged in 6/2001. I went in to apply for a home loan and found out that one of the companies I went bankrupt on is still reporting to the credit bureaus. I thought maybe I forgot to include them in my bankruptcy, so I looked at my paperwork. It shows I did have them included and it was discharged. Now after thinking I should be able to get a mortgage,(and also found my dream house), I find this out. Does anybody know, what is the first step I should take? Thanks for you help. Link to comment Share on other sites More sharing options...
Radio_Guy Posted June 17, 2005 Report Share Posted June 17, 2005 Well the first thing I would do is dispute it with the CRA's. They may ask you to send them the paperwork from your Bk but that should do it... Link to comment Share on other sites More sharing options...
millerwl71 Posted June 21, 2005 Author Report Share Posted June 21, 2005 What is the first thing I do to dispute it with the CRA'S. Call or just sena letter? And what about going after the company that screwed up my rating after it was discharged? Thanks Link to comment Share on other sites More sharing options...
Methuss Posted June 21, 2005 Report Share Posted June 21, 2005 OK I've been here on this one. You need to get a copy of the discharge notice service paperwork from your file. It may be that the servicer who was responsible for delivering the discharge paperwork to the furnisher failed to deliver it for some reason. If so, then the furnisher has a bonafide error defense and your only recourse is that they must correct it.Now, if the service paperwork shows that they were served a copy of the discharge notice and they still listed it, then you got them on willfull violations of the FCRA (and probably some sanctions from the bankruptcy court). A lawyer would have to go over it with an accountant to figure out your actual damages in overpaid interest and penalties that have occurred over time. You only have 2 years from the time you discover the problem to take legal action, so don't wait around. Link to comment Share on other sites More sharing options...
LadynRed Posted June 21, 2005 Report Share Posted June 21, 2005 How is the debt being reported ?? What's on the tradeline ?Would the creditor be FUSA/BankOne (now Chase) by any chance ?? Does it even say that it was included in bankruptcy ? You can TRY to get them for FCRA violations, but several people have tried in FEDERAL court to force FUSA (biggest offender) to report as IIB, zero balance, and no lates/charge-offs AFTER the BK filing date and NONE of them have won yet ! The OCC won't do anything, the FTC does nothing, and no one, to my knowledge has EVER involved the bankrutpcy courts and that, I feel, is what MUST happen. Link to comment Share on other sites More sharing options...
Methuss Posted June 22, 2005 Report Share Posted June 22, 2005 Well I didn't take on FUSA, but I did take the offender in my situation back to the BK court for this same stunt. BK judge sanctioned the bank for $25,000 plus issued an injunction to pernanently correct the listing. It was outside SoL for me to go after them for FCRA vioaltions so I missed the boat there. Link to comment Share on other sites More sharing options...
LadynRed Posted June 22, 2005 Report Share Posted June 22, 2005 Well, then, FINALLY someone who took the RIGHT route and went after the offenders thru the BANKRUPTCY court !! Good for you ! Neither the FDCPA nor the FCRA is really the proper authority on this issue, although the Acts do overlap, its a violation of the BK discharge injunction.I'd love to see your arguments to get them slapped for 25G's !! Link to comment Share on other sites More sharing options...
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