Collection Item and BK

[rdavow]

I have a collection item on my credit report that came back verified when I disputed it. The item is definately wrong in that the item is listing a balance owed, yet the item was included in a prior bk so there is no balance owed. I obviously can prove this through my bk papers, but don't wan't to bring this up cause after I finish working on any items that mention bk I am going to try to attack that. Any suggestions on how I should proceed?

[LadynRed]

Dispute it ! Once you've disputed with the CRAs, it's time to take your dispute directly to the creditor doing the incorrect reporting.

[qtptute]

I have a collection item on my credit report that came back verified when I disputed it. The item is definately wrong in that the item is listing a balance owed, yet the item was included in a prior bk so there is no balance owed. I obviously can prove this through my bk papers, but don't wan't to bring this up cause after I finish working on any items that mention bk I am going to try to attack that. Any suggestions on how I should proceed?

Your BK is public record. You should see it on the top of your credit report at the point where it says public information. Your BK will stay on your CR for up to 10 years, but it can be deleted after 7. Most will not delete before 10.

However, if you send a letter with a copy of your discharge and list of creditors asking the CRAs to update with all of the listed creditors, then it makes the CRA hold the furnishers feet to the fire. The furnishers will most likely not do anything but update and verify. Then you send one more dispute letter, very detailed with each line stating what is wrong, OVER AND OVER AGAIN - Dicharged IIB. It may seem mundane, but it works.

If the furnishers do nothing but verify, then, you have a BEAUTIFUL s-2b claim, as well as a 362 and 524 violations of the Bankrutpcy stay. If you then try to get credit and get turned down (make sure you get a turn down notice from whomever you are applying for credit from) or you refi and instead of paying 5% interest, you end up paying 10% (or more), you have lovely ACTUAL damages.

Then find yourself a qualified attorney, because you are ready to sue. You will need someone who is well versed in BKFCRA & FDCPA. You can find one at www.naca.net All of your attorney's fees are paid by the bad guy, in this case the CRA and the furnisher, as the FCRA & FDCPA are fee shifting statutes. If you'd like a personal reference, PM me with your location.

We've had many clients come through our door with this problem and have been in a active BK and gotten out of their BK, because of the violations. Also the discharged BK's end up getting at least their money they put out to file the BK (plus some - in a few cases 5 digits before the decimal).

We tell everyone to send your discharge papers and LOC. Its public record AND giving the CRAs and OC/CA/JDB's (aka furnishers) enough rope to hang themselves.

[pjfan]

This method worked great for me with TU as I stated in an earlier post.

But I do have a question. When TU cleaned up my report they also deleted TWO positive tradelines. One was an auto loan I paid off and it was old but none the less I needed the positive TL, they deleted it. The other was a CC opened in 2002 and added to my report in 2007 as an AU.

Neither were IIB. I am waiting on the special handling dep to get back to me on the situation. My thoughts are the person that updated my report after receiving the BK discharged and LOC I sent them was not paying attention and just contacted ALL creditors on my account pos or neg.

My hope is that TU adds the TL's back, but if they don't what can I do?

Do I have to call OC and ask them to start reporting again?

TU had no right to delete these accounts, they were not deputed or even mentioned in my dispute letter!

Your BK is public record. You should see it on the top of your credit report at the point where it says public information. Your BK will stay on your CR for up to 10 years, but it can be deleted after 7. Most will not delete before 10.

However, if you send a letter with a copy of your discharge and list of creditors asking the CRAs to update with all of the listed creditors, then it makes the CRA hold the furnishers feet to the fire. The furnishers will most likely not do anything but update and verify. Then you send one more dispute letter, very detailed with each line stating what is wrong, OVER AND OVER AGAIN - Dicharged IIB. It may seem mundane, but it works.

If the furnishers do nothing but verify, then, you have a BEAUTIFUL s-2b claim, as well as a 362 and 524 violations of the Bankrutpcy stay. If you then try to get credit and get turned down (make sure you get a turn down notice from whomever you are applying for credit from) or you refi and instead of paying 5% interest, you end up paying 10% (or more), you have lovely ACTUAL damages.

Then find yourself a qualified attorney, because you are ready to sue. You will need someone who is well versed in BKFCRA & FDCPA. You can find one at www.naca.net All of your attorney's fees are paid by the bad guy, in this case the CRA and the furnisher, as the FCRA & FDCPA are fee shifting statutes. If you'd like a personal reference, PM me with your location.

We've had many clients come through our door with this problem and have been in a active BK and gotten out of their BK, because of the violations. Also the discharged BK's end up getting at least their money they put out to file the BK (plus some - in a few cases 5 digits before the decimal).

We tell everyone to send your discharge papers and LOC. Its public record AND giving the CRAs and OC/CA/JDB's (aka furnishers) enough rope to hang themselves.