LNY Posted October 29, 2006 Report Share Posted October 29, 2006 Out of nowhere, Bank of America has just re-reported an IIB from 2000 on my EX, and changed its status to "Discharged through Bankruptcy Chapter 7/Current, was a charge off." Used to say just "Discharged through Bankruptcy Chapter 7."What's the deal with this? It was never a charge-off. But I'm afraid to rattle their cage and dispute it, because I don't want it magically reappearing on my TU, which is now pristine. They haven't re-reported any of my other BoA baddies like this (one was originally a Fleet--which still reads "Discharged through Bankruptcy Chapter 7/Never late"-- one an MBNA). Why did they suddenly decide to not only drag this up from 6 years ago, but change the status? Link to comment Share on other sites More sharing options...
suki Posted October 29, 2006 Report Share Posted October 29, 2006 Hi LNY,I just came from a BOA bank complaining about the new changes that happened over the last weekend. This could be the reason why they are doing this silly tactic with your BKII read on…I was able to pay all my bills from an online banking server button “pay from another institution" which meant you could pay a bill from another banking institution. It was a great service, because you could get this bill paid on the same day, now they have changed it and only offer transfer funds outside of the bank with a 3 days and over night day waiting. The kicker is that that payments that I was able to do within the day and cut off time period no longer exist... what's worst is the overnight server button will not work only to the discretion of BOA they will approve... after giving them 2 new accounts a savings acct and a car loan they turn around and do this to their customers... what lamebrains they are! I refuse to be dragged into giving up my rights to having other banking institutions and I'm afraid a lot of people will start lining up the aisles again like the 1990's... what idiots! The customer representative at the bank said to email to the BOA and complain. She said they usually comply and return some of the features they deleted. She also said it is because of the MBNA merger with BOA. I also noted they will make new changes in the billing next month so heads up on this and watch for any new changes!I don’t know if this is the reason to your dilemma, but it is certainly noted that they are stirring a lot of stuff to make waves in the lives of little people like us to drown in…Suki Link to comment Share on other sites More sharing options...
LadynRed Posted October 29, 2006 Report Share Posted October 29, 2006 I believe a lot of this weirdness is coming from the final stages of the MBNA merger. I think they must be integrating the 2 systems, finally, and all kinds of things are cropping up/changing. I had 3 old MBNA cards suddenly show up in my on-line banking.. and the accounts were closed in 2002, IIB in 2005 !! Link to comment Share on other sites More sharing options...
LNY Posted October 29, 2006 Author Report Share Posted October 29, 2006 Oh, that's all I need... deleted IIBs popping back on to my now clean TU. Universal Default, CLDs and closed accounts, here I come!! Link to comment Share on other sites More sharing options...
221208 Posted October 29, 2006 Report Share Posted October 29, 2006 Good Evening:Did you receive "proper" notice of the re-insertions of the IIB's? Link to comment Share on other sites More sharing options...
LNY Posted October 30, 2006 Author Report Share Posted October 30, 2006 Good Evening:Did you receive "proper" notice of the re-insertions of the IIB's?What reinsertions? Link to comment Share on other sites More sharing options...
221208 Posted October 30, 2006 Report Share Posted October 30, 2006 My bad.....I understood you to say that you had IIB TL's that were deleted from your credit file, only to reappear later on. Again, my understanding is that when a TL is removed from your file, you have to be notified within 5 days if the information is reported again?I had used that technique in the past. I managed to get several TL's deleted, just to have them reappear after some 4 months. I wrote back citing the reinsertion criteria (notification within 5 days), and they deleted them again. It's been a little over a year and they have not reappeared?Thanks - hope you had a great weekend! Link to comment Share on other sites More sharing options...
LNY Posted October 30, 2006 Author Report Share Posted October 30, 2006 My bad.....I understood you to say that you had IIB TL's that were deleted from your credit file, only to reappear later on. Again, my understanding is that when a TL is removed from your file, you have to be notified within 5 days if the information is reported again?I had used that technique in the past. I managed to get several TL's deleted, just to have them reappear after some 4 months. I wrote back citing the reinsertion criteria (notification within 5 days), and they deleted them again. It's been a little over a year and they have not reappeared?Thanks - hope you had a great weekend!No, I am worried that they will reappear. That would be very, very bad!!! I got lots of lovely credit on the basis of that nice, clean TU report... having old nasties pop up again would screw all that up!! Link to comment Share on other sites More sharing options...
LNY Posted October 31, 2006 Author Report Share Posted October 31, 2006 UGH!!!! Just spoke to Experian, and BofA has really made a dog's dinner of this whole thing!!She said the update given to them (EX) is that it was discharged but that I'm currently paying it off. (?) Yet online it's been changed from "Never late" to "Was a charge-off."NOT ONLY THAT, but they've re-reported my old phone number from 7 years ago.I'm scared. I worked like the dickens to clean up that TU. NOW THIS!!! Link to comment Share on other sites More sharing options...
LNY Posted December 7, 2006 Author Report Share Posted December 7, 2006 OMFG!!!!!! I just talked to Experian, and friggin' BoA reported that I filed BK in 9/06, and the account was charged off. He says there are three separate recent delinquencies showing on this account, which in reality went BK five years ago. So now any current creditor doing an AR sees this "recent" spate of delinquency and a recent BK.This is a NIGHTMARE. Link to comment Share on other sites More sharing options...
Methuss Posted December 7, 2006 Report Share Posted December 7, 2006 Read this opinion letter from the FTC:http://www.ftc.gov/os/statutes/fcra/lovern51.htmIt is a violation of the FCRA to report it as a charge off if it was not a charge off prior to the bankruptcy. Reporting it as a chargeoff after the bankruptcy is considered a no-no because the debt no longer exists as a consumer liabilty to be charged off. Link to comment Share on other sites More sharing options...
LNY Posted December 7, 2006 Author Report Share Posted December 7, 2006 I have Experian reports dating back to 2004 all saying the same thing... "Discharged in Chapter 7 Bankruptcy/Never Late" and now suddenly it reads "Current/Was a Charge-off." I disputed it on 10/30 and it just came back verified.And the EX guy (extremely nice and helpful, BTW) says they reported that I filed BK in September. He promises that they will be able to fix it internally and it shouldn't take long, but I'm still seeing CLDs and/or Universal Default on the horizon. Link to comment Share on other sites More sharing options...
LadynRed Posted December 7, 2006 Report Share Posted December 7, 2006 and if your other creditors do that, I'd sue BofA and you'd have provable damages to go after. Link to comment Share on other sites More sharing options...
direred Posted December 7, 2006 Report Share Posted December 7, 2006 LNY: I'd get a fax to the exec offices of BofA muy pronto. Link to comment Share on other sites More sharing options...
LNY Posted December 8, 2006 Author Report Share Posted December 8, 2006 ...and now the "investigation" is miraculously completed... changing nothing.I just made one final attempt with Experian by dashing off a letter, along with copies of five Experian credit reports dating back a year, clearly showing this item as "Discharged in Chapter 7 Bankruptcy/Never Late," and verified as such several times since 2004. I told them to either correct this item to its previous status ("Discharged in Chapter 7 Bankruptcy/Never Late") or delete it from my report.I've heard that the CRAs have now taken to spitefully putting "green card" disputes at the bottom of the pile, so I sent everything regular mail this time. But if I get no response from them, I will re-send it all the official "I am thinking of suing" way.It's ridiculous. They verify it the same way over and over again, and they don't see the obvious problem with suddenly changing the status almost 6 years after discharge?? Link to comment Share on other sites More sharing options...
LNY Posted December 13, 2006 Author Report Share Posted December 13, 2006 So now I get a paper copy in the mail. Once again, the status reads "Current/Was a Charge-Off" but now there's been a little addition... a notation reading "Sold to B-Line." Anyone? Bueller? EDIT: Found nothing when I Googled, but found lots of interesting threads on another board. Seems BoA has suddenly decided to sell my long-discharged debt to a collection agency!!!This is insane. Once again today Experian has acknowledged that there is definitely a legal problem with changing the status of a discharged debt 6 years after the fact... and a supervisor has now promised to deal with it internally. They haven't yet received my "additional evidence" showing that they verified several times over the years as "Never Late" and then still allowed the status to be brought current as a charge-off.If I see one adverse action as a result of this, I'm totally suing. One question... what is Experian's liability here? Should they even have allowed the status of this item to be changed, knowing that it was discharged years ago? Link to comment Share on other sites More sharing options...
direred Posted December 13, 2006 Report Share Posted December 13, 2006 So now I get a paper copy in the mail. Once again, the status reads "Current/Was a Charge-Off" but now there's been a little addition... a notation reading "Sold to B-Line."They knowingly sold a debt discharged in BK? And admitted it?This is insane. Once again today Experian has acknowledged that there is definitely a legal problem with changing the status of a discharged debt 6 years after the fact... and a supervisor has now promised to deal with it internally. They haven't yet received my "additional evidence" showing that they verified several times over the years as "Never Late" and then still allowed the status to be brought current as a charge-off.If I see one adverse action as a result of this, I'm totally suing. One question... what is Experian's liability here? Should they even have allowed the status of this item to be changed, knowing that it was discharged years ago?No, they should not have. Yes, they are liable (imho). Thousands of people are likely affected, so it's class action time. Link to comment Share on other sites More sharing options...
LNY Posted December 13, 2006 Author Report Share Posted December 13, 2006 They knowingly sold a debt discharged in BK? And admitted it?It seems they're allowed to sell them... as long as the CA doesn't try to collect. Yeah, I know. What I object to is bringing a discharged debt current years later. According to a few threads on CB, this is happening to a lot of people.If EX has verified this item over and over again as "Never Late," how can they justify suddenly changing the status to "Current/Was a Charge-off" when there has been no activity on the account, being discharged years earlier? Does that not beg the question "how was it verified as 'Never Late' so many times if that wasn't the correct status?" The answer to this is, of course, "we do whatever the furnisher says, without regard to logic or legality." Link to comment Share on other sites More sharing options...
direred Posted December 13, 2006 Report Share Posted December 13, 2006 It seems they're allowed to sell them... as long as the CA doesn't try to collect. Yeah, I know. I thought they were allowed to sell them after filing, but not after discharge. There's nothing to sell after discharge.What I object to is bringing a discharged debt current years later. According to a few threads on CB, this is happening to a lot of people.It's always been a problem, and not just with this merger.If EX has verified this item over and over again as "Never Late," how can they justify suddenly changing the status to "Current/Was a Charge-off" when there has been no activity on the account, being discharged years earlier? Does that not beg the question "how was it verified as 'Never Late' so many times if that wasn't the correct status?" The answer to this is, of course, "we do whatever the furnisher says, without regard to logic or legality."Well, there's the five-day rule for reinsertion, you know. Which, reading back further, doesn't apply here. Grr. Link to comment Share on other sites More sharing options...
LNY Posted December 13, 2006 Author Report Share Posted December 13, 2006 They're allowed to sell them after discharge. Unbelievably stupid, but true.I wasn't talking about this merger, I meant discharged debts being sold to B-Line and reported as current. Apparently it's an epidemic this year. Link to comment Share on other sites More sharing options...
direred Posted December 13, 2006 Report Share Posted December 13, 2006 They're allowed to sell them after discharge. Unbelievably stupid, but true.That needs to stop.I wasn't talking about this merger, I meant discharged debts being sold to B-Line and reported as current. Apparently it's an epidemic this year.Ahh, that I hadn't heard before. Link to comment Share on other sites More sharing options...
LNY Posted December 13, 2006 Author Report Share Posted December 13, 2006 Do a search for B-Line on CB. I felt like passing out when I read some of that stuff.All this a year before all my IIBs--my only derogs except for the PR--finally drop off. It figures. Link to comment Share on other sites More sharing options...
LNY Posted December 14, 2006 Author Report Share Posted December 14, 2006 Just checked EX through the back door and the TL now reads:"Discharged through Bankruptcy Chapter 7/Never late. Last reported: 12/2000." But of course I'll be watching it like the proverbial hawk from now on. Link to comment Share on other sites More sharing options...
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