LadynRed

Negative reporting on discharged debts - UPDATED

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I disputed with EX a few accounts that should be IIB- and they were verified closed /charged off--i have phone #'s to call the OC - should i call or send letters...CMRR is getting expensive

I have a copy of the BK showing all info..whats the fastest way to get these fixed or removed

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If you want proof that they received your mailed disputes, CMRR is the way to go - AND it establishes dates that you'd need should they not update in a timely manner.

Forget the phone calls, if it's not in writing, it never happened and you have no proof of anything - on either end of the call.

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There is no proof that they received if you use a fax and gives you no real paper trail. ANYONE can pick up a fax and it might never see the light of day either.

NEVER send your BK paperwork to the CRA's.. though some people will sputter and spew that you SHOULD.

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There is no proof that they received if you use a fax and gives you no real paper trail. ANYONE can pick up a fax and it might never see the light of day either.

NEVER send your BK paperwork to the CRA's.. though some people will sputter and spew that you SHOULD.

LadynRed, How come why, we should not never send bk documents to the CRA"S ,they should have it on file .Thanks J

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i asked for a IIB acct to be removed as old...the OC had it listed at first IIB, charge off,,remain on record till mar 2008....NOW they verified it and changed to Petition for Chapter 7BK/current. was a charge off and now stays on till jan 2009!!!! UGH what does the petition part mean?

I have another acct showing as collection on report till dec 2007...it should be IIB..should i wait till dec see if it falls off or contact them..this first one seemed to backfire on me.

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On the collection, it SHOULD read IIB, but I'd wait and see if it comes off by itself.

When did you file for BK ? If they are reporting charge-off AFTER you filed BK they are violating the law.

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Hey LadynRed... You provided me with some helpful advice a while ago and while I still peruse the boards, I haven't had to come to the BK board for a while. I pulled my TU report the other day to just do my regular checkup on it and when I pulled my FICO it showed a 30 pt drop. One of the big changes I noticed is a lot of the accounts on my TU are showing a status of "Payment after charge off/collection". These accounts have all been included in my BK. Shouldn't they have a status of IIB, or is the Payment After Charge off a "better" rating on these accounts? Im pretty sure this is why my FICO dropped.

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Your FICO dropped because it shows as RECENT activity on a charge-off. The accounts should say IIB and, unless you DID send them some money, that notation should NOT be there.

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Your FICO dropped because it shows as RECENT activity on a charge-off. The accounts should say IIB and, unless you DID send them some money, that notation should NOT be there.

Thanks LNR.. That is kinda what I figured. I sent them all letters cert mail return receipt asking for them to correct the notation or just remove the account since they cant get their record straight. I would prefer the account removed, but will settle if the put the correct notation.

Once those are corrected back to IIB, my score should go back up right?

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Along the lines of what was being discussed between Lady and itrev above...

...Let's say I dispute an account with the CRA's. The account comes back as verified, however the IIB status is removed. I send a letter to the OC, requesting an immediate deletion of the account on the basis that they violated my injunction by reporting negative information. Suddenly, I pull up my CR's again and the account is still there - the IIB status has been returned to the account, however the account's status changed from "Derogatory" to "Paid after Chargeoff". In my little credit summary, one of the issues that is supposedly affecting my score is a recent payment and/or derogatory listed. However, there hasn't been anything added to my reports other than this. Am I correct in assuming that their change in status has caused this?

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Am I correct in assuming that their change in status has caused this?

Yup, that's it. Unless you paid them something, they have no business reporting this way, it's NOT ACCURATE !

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Yup, that's it. Unless you paid them something, they have no business reporting this way, it's NOT ACCURATE !

That is what I was thinking, but wasn't sure. Considering that they didn't get "paid" through my CH7, they can't list it as such. Always a pleasure listening to your words of wisdon, Lady! :)

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That is what I was thinking, but wasn't sure. Considering that they didn't get "paid" through my CH7, they can't list it as such. Always a pleasure listening to your words of wisdon, Lady! :)

I agree.. LNR has great advice. It kinda sucks because a lot of my Ch 7 accts are now reporting differently.. heck, I even have one that is now saying "petition for chapter 11"... I sent them a nasty CMRRR letter.

But here is a question that is driving me nuts. I had a school loan for $1700. It was reported as "included in BK". After that, I consolidated it into my other school loans, which have no BK notations. So, it now is reported as "included in BK" but shows a paid/current status. I wrote them a letter asking them to remove the BK notation, and they said they wouldnt because it was included in the BK, but they couldnt contact me about it because of the BK proceedings.

I am about to send them another letter saying that since the school loan is non-dischargeable and they received their full payment, they really shouldnt penalize me. Am I off my rocker in this request??

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No, you're not off your rocker. Technically it was included in the bankruptcy, but as you say, it was not dischargeable and they did get paid.

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So based upon your initial post:

If they refuse to remove the negative entries on a discharged debt, then you are going to have to get tough and you MUST consider the possibility that you may have to re-open your bankruptcy case for a Contempt action against the furnisher.

I'm aware that the FCRA gives data furnishers the opportunity to correct their information if they're notified that the information which they are reporting is inaccurate. However, when it comes to BK's, are they given that window of opportunity to change their reporting once notified of the inaccuracies?

Or, can a consumer argue that the length of time between their discharge and the update of status once notified had an impact on their credit worthiness and scores, therefore the accounts must be deleted?

:confused:

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The dispute with the furnisher directly gets the same treatment as a dispute with the CRA, they have the same 30 days to correct or delete.

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The dispute with the furnisher directly gets the same treatment as a dispute with the CRA, they have the same 30 days to correct or delete.

AHA.

I have a new thread based on this.

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NEVER send your BK paperwork to the CRA's.. though some people will sputter and spew that you SHOULD.

Can you please tell me why BK paperwork shouldn't be sent to the CRA's? I have completed writing letters to all 3, and was about to send off with BK claims report and Discharge letter.

Thanks in advance

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Let me make sure I have this right.....

I had a mtg on an investment property. Made all payments on time right up to the day I filed bk. The tradeline on my CR initially read "Included in BK / Never Late". Then, a few months back, as the property headed towards foreclosure, they changed it to read "Included in BK / Foreclosed".

NO foreclosure proceedings had begun prior to the filing of the bk, and the account was NEVER paid late.

This "Foreclosed" notation is wrong and a violation of FACTA, right?

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