Negative reporting on discharged debts - UPDATED

[LadynRed]

Assuming you didn't reaffirm the loan in your bankruptcy, that status should not have changed and it SHOULD stay reported as it was when you filed for bankruptcy.

[Methuss]

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

The discharge letter is generally OK to send to the CRAs. But I don't recommend sending your schedules for two reasons:

First, the CRA isn't going to read it anyways. The people that process disputes are on a quota to complete a certain number of disputes per quarter hour. They can't meet their internal quotas if they read all the detail sent to them. They only glance at it at best.

Second, you are doing their work for them. The CRA is required to do a reasonable investigation into your complaint. All bankruptcies in the past 10 years or so have electronic copies in a system called BANKO. It would take them only a few minutes to look it up themselves. Asking you to send it is a delay tactic, nothing more. They have the resources to get it themselves.

[isislc]

When I got tough with TU due to continuously reporting IIBK accounts as C/Os and not actually investigating them, I sent a huge packet with letters and the discharge to Special Handling. On the main letter I told them what I wanted done to each one of the accounts. They did take the time to read the letters and details because every single account came back as I wanted it or got deleted. Special Handling is the only dept that actually takes the time to read the disputes if you really make an issue of it.

Methus is right though about the quotas. I think mine only worked due to the first pages of the pack they pulled out of the envelope were prefilled court papers outlining my lawsuit for a lot of money.

[rmdnj14]

if the payment history is still there, can the entry be disputed for removal?

[pierss08]

So - in I would assume that since they are reporting the same account twice it is a violation - no??

In the "notes" section it lists "High Balance" and has the "payment amount" but blanks in the past due, etc.

Notes also "included in Chapter 7 BK"

THIS IS HOW IT READS ON MY CREDIT REPORT:

C&F FINCE CO

Account No.: 1150****

Condition: Derogatory

Balance:

Type: Auto Loan

Pay Status:

C&F FINCE CO

Account No.: 201150****

Condition: Closed (Paid)

Balance:

Type: Auto Loan

Pay Status

[LadynRed]

The duplicate listing is inaccurate -dispute it as a duplicate. Looks like they tried to get around that be changing the account number.. a typical dirty trick. You may have to show the CRA's that it really IS the SAME account.

[goodcreditnow]

I filed a bk and TU AND EXU took off the account histories and just posted included in bk. However EXP left all the account histories and also posted included in bk which caused a hugh score drop. Any ideas how to get EXP to remove account history?

[LadynRed]

Account HISTORY can legally stay, it is just the history on the account. As long as the balance is reported as 0 and there are no derogs posted after the IIB, they're not doing anything wrong.

[pierss08]

Account HISTORY can legally stay, it is just the history on the account. As long as the balance is reported as 0 and there are no derogs posted after the IIB, they're not doing anything wrong.

Should the "Condition" of the account be "Derogatory"?? I am thinking it should be just "Closed"

[JTsdaddy]

I'm confused.. I have A few account listed as contained in wage earner plan.. (bankruptcy) but it still has a balance on $608.00.. Is this a violation ???

Will a zero balance Improve my score

[Methuss]

I'm confused.. I have A few account listed as contained in wage earner plan.. (bankruptcy) but it still has a balance on $608.00.. Is this a violation ???

Will a zero balance Improve my score

If you completed your bankruptcy plan and received your discharge, then they are not reporting correctly.

After a chapter 13 plan is completed and the remainder has been discharged, the account should read a balance of $0. As to status, I'm entirely not sure. Technically, it is paid according to the court's order and should be listed as "satisfied for less than full balance."

[LadynRed]

Should the "Condition" of the account be "Derogatory"?? I am thinking it should be just "Closed"

Well, technically it is derogatory because of the bankruptcy, but it should also be closed.

[startingover2008]

:confused:hi im new here ,

I have a company that is not calling me to collect but when i contest them every month eq updates them to say included in bk the they update it a week later to say i still owe it i called them thinking it was a over sight and he said he wouldnt update it is there anything i can do eq said it was updated electronicly and it would keep happing

[LadynRed]

If the debt was included in your bk, then 'he' is dead wrong. Read the first posts in this thread, it tells you what to do.

[lovebug5]

Well, technically it is derogatory because of the bankruptcy, but it should also be closed.

See, that is where I'm stillhaving issues.

[almost_there]

Just to be clear - should accounts IIB be showing as "Open" or "Closed"?

I get all the other ways it should be reporting - 0 Balance, IIB, etc - but I have many accounts IIB that are still reporting as open.

Thanks in advance. I just ordered complete sets of CR's for myself and DH, I can already see I have alot of work to do so time to get to work on the post-BK repair/rebuild!

[LadynRed]

An account that was IIB SHOULD be closed. I don't know of any creditors who would leave an account open and usable once your debt to them has been discharged thru bankruptcy. The BK effectively severs your business relationship with the creditor. If an account is showing as 'open', call the creditor and ask them if that is truly the case - I'll bet you a dollar to a donut they'll tell you no.

[Methuss]

Just to be clear - should accounts IIB be showing as "Open" or "Closed"?

You might be confusing status with class of account.

An open-ended account is like a credit card or HELOC where you can make new charges as long as the account remains active.

A closed-ended account would be like a car loan where it runs a certain number of payments but you cannot create new charges. The amount and time of repayment is set at the beginning.

[almost_there]

Thank you for pointing out the distinction, Methuss, but I was referring to status in my question. Thank you both for your insight.

[jjgross]

An account that was IIB SHOULD be closed. I don't know of any creditors who would leave an account open and usable once your debt to them has been discharged thru bankruptcy. The BK effectively severs your business relationship with the creditor. If an account is showing as 'open', call the creditor and ask them if that is truly the case - I'll bet you a dollar to a donut they'll tell you no.

LadynRed first i'm sorry about my grammer.O.k. now my problem.

1.Wama/providian,have reported my account as co transferred to another office.I online disputed (i know now.) they verified but they didn't note it was bk 7.I then disputed with them. no answer,it's been 50 day's.It's still being reported incorrectly.What recourse do i have?

2.Arrow fin services just recently update to reflect my bk 7.7 months after discharged date.2 months after they tried to collect on the phone,should i dispute with them again?Thanks for any help you can provide.jj

Edited June 11, 2009 by jjgross

[tricha2u]

does anyone have any sample letters to send to the creditors to dispute incorrectly items reporting the creditor is reporting, that has already been verfied through the credit reporting agencies? My creditor shows iib/charge off when infact it was current.

[cmo140]

I have a couple questions:

1.) What does it mean when your report says" Petition for Chaper 13"?

2.) In the Ch 13 it states purchase by another lender, can this stay on?

3.) For recent balance, it states N/A is this right?

4.) Filed only one Ch 13 but alot of the bk dates are different. Do I go by the actual date when it happen or by there date they have it on there.

5.) For charge off and I tried to understand this, when can it be on your report if it was included in a BK also where the comments are not in the history.

6.) These all got disputed and came back verified but the dates are all wrong on the BK 13. Some have it months apart and even years. For example it has BK 13 in Nov 2008, May 2007, Aug 2007, Nov 2006

Also does these account hurt the score, should they show up under a negative listing or closed account?

[LadynRed]

1

.) What does it mean when your report says" Petition for Chaper 13"?

It means you filed a Ch 13.

2.) In the Ch 13 it states purchase by another lender, can this stay on?

If the account was charged off and sold prior to your bankruptcy, yes, it's accurate HISTORY for the account.

3.) For recent balance, it states N/A is this right?

Doesn't hurt.

4.) Filed only one Ch 13 but alot of the bk dates are different. Do I go by the actual date when it happen or by there date they have it on there.

The date should be ALL the same - that of the day you FILED.

5.) For charge off and I tried to understand this, when can it be on your report if it was included in a BK also where the comments are not in the history.

See #2 answer.

6.) These all got disputed and came back verified but the dates are all wrong on the BK 13. Some have it months apart and even years. For example it has BK 13 in Nov 2008, May 2007, Aug 2007, Nov 2006

See answer to #4

Also does these account hurt the score, should they show up under a negative listing or closed account?

The bankruptcy is the major negative, what's on each account has minimal impact if any. However, the tradeline should still be accurate.

[cmo140]

The Bk is from Feb. 2007. Now I disputed 11 items and the came back verifield but all had wrong dates for the BK and alot of them are showing collections or charge offs after that date.

Does anyone have any advice on this. Should I go to the OC and tell them to delete or I will sue or should I go again and dispute with CRA's

Any advice out there.

[cmo140]

You dispute anything that is not 100% accurate. If the CRA cannot verify what's on the tradeline, then it MUST be deleted. You may get deletions, many people do. If it VS comes back as 'verified' or 'remains' then it's time to dispute directly with the creditor as is your right per FACTA.

You say dispute with the OC but what happens if they just fix it. Our goal is to get it removed not fixed.

Any ideas?