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Help getting BK removed


poone1
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Ive read somewhere on this site that someone had one removed with a letter stating a mere " not mine" . That might work if you can get all addresses updated and that the the bk address is not on same address as it you live now. Ive just sent out my letters for address removal so in 30, i will send out bk removal dispute, just in time for Xmas

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How can you get a legitimate BK removed? If it's been a public record on your report all this time, how can you suddenly claim you never filed a BK? There's a crapload of proof (easily checkable) that you did, and surely there's some legal penalty for lying that blatantly. :shock:

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No, I told them that as required by LAW, that I request that they validate specifically how they obtained the bankruptcy information about me.

They couldn't, and therefore faced a $1000 violation of the FCRA, so they instead elected to remove it.

I never admitted or denied it. I am not required to.

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Yes, you can get them to remove the BK because of lack of verification, (AKA technicalities.)

However, If you apply for a home loan, the lender with do a tri-merge Mortage Credit Report which requires the CRA to manually double check your employment and public records.

In this instance, the BK will re-appear once that is done.

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Didn't know that, thanks...so each CRA actually pays $35 each to pull the BK directly from the courthouse archive? or is it just a lexis nexis thing as usual?

My courthouse doesn't do phone verifications and has specifically stated that they do not report to CRA(s).

I have a letter that substantiates this.

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Costs them money to accurately verify. What they end up doing is pulling the information from a 3rd party.

It is doubtful that they could verify the information in writing and then send it to me within 15 days especially if the BK court is several states away.

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I finally found a letter, not sure if it works, Ill let you know in 15 days or so

To Whom It May Concern:

I am disturbed that you continue to list the dismissed bankruptcy as confirmed within my credit file. Although it is your policy to keep reporting bankruptcies that are filed, dismissed or adjudicated for ten years, the Fair credit Reporting Act mentions nothing in Section 1681c relating to bankruptcy about dismissals or filings. The law clearly states from "date of adjudication" or date of "order of relief".

Any case, civil or otherwise, which is dismissed no longer exists in the eye of the law and a case filed may never have actually been adjudicated. Therefore, you have no right to maintain information which the government has deemed nonexistent.

Therefore, pursuant to Section 1681(a)(5) of the FCRA, you must delete this information from my credit report and send me an updated copy when this action is completed.

Considering that this does not require an investigation, I would appreciate your response within 14 calendar days from receipt of this letter.

Sincerely,

me

My Addresss

My SSN

My Dob

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ok...here poone1, just to let you know I was indicating that the followup that you do after is more important than the letter, I didn't want to give them a followup letter.

I don't know if my letter is any good. In fact, they ignored my letters (which is a violation). I used that as leverage to have them delete the BK.

I hope that this helps all of you!

Date:

From:

To:

Identifiers:

SS #

DOB

Confirmation Number:

Subject Matter: Formal Request for Method of Verification regarding dispute of Bankruptcy information contained in my personal credit file.

I hereby request your method of verification regarding this information as per the following sections of the FCRA:

611 (a)(7)

During each and ever dispute/re-investigate of Bankruptcy information in my file, You have perpetually claimed to verify Bankruptcy information contained in my Transunion credit report directly with the courthouse Divisional Office (and not with any third party such as a creditor or say LexisNexis for example) which is located at:

xxxx

I have contacted the courthouse and have verified the following:

1) No credit reporting agency has called or mailed in to the above mentioned courthouse to verify potential bankruptcy information contained in my files.

2) That the above mentioned courthouse does not report bankruptcy filings to credit reporting agencies.

Based on this finding, I hereby request that you proceed as follows and as per the provisions of the above mentioned statutes as follows:

a) Provide a written description of the procedure used to determine the accuracy and completeness of the Bankruptcy information contained in my Transunion personal credit file, including the business name and address of any furnisher of this information contacted in connection with such information and the telephone number of such furnisher.

B) I request that you provide this information to me in writing not later than 15 days from the time you receive this certified mail as per the provisions of the FCRA. (For which I will be keeping a copy of this receipt as evidence.)

c) I request and suggest that if you cannot fully provide this information as required by law, that you remove the Bankruptcy information from my credit file.

If you do not fully comply with this request by either:

a) fully substantiating your method of validation

or

B) removing this negative tradeline from my credit report

I will sue you for willful non-compliance of the FCRA.

Please keep in mind that I will be looking closely at the information you provide regarding your method of validation to see if your procedures to determine accuracy are within the bounds of the provisions of the above mentioned sections of the FCRA or if they come across as vague and would perhaps leave something to be desired in the face of a judge.

I look forward to your written correspondence regarding these matters no later than 15 days from the day you receive this written correspondence

Additionally, please be advised that any subsequent requests for validation on my behalf of any type does not relieve you of substantiating your method of validation to me within this 15 day time limit as per the provisions of the FCRA.

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