Desert Bloom Posted July 10, 2007 Report Share Posted July 10, 2007 Need advice:In June 2006, I sent dispute letters to all CRA's regarding a Ch13 BK that I filed in 5/1998, and that was dismissed in 6/1998. All three CRA's deleted the Public Record.Just recently I did the online dispute re: inquires (this was successful!!!) per another thread on this site and discovered that EQ had reinserted the Ch 13 BK -- I was never notified of the reinsertion. (It has not reappeared on either TU or EX)So I sent a letter to EQ regarding the reinsertion, and the fact that I was never notified.Today I got a letter back fro EQ stating:"A non-discharged, OPEN or dismissed Chapter 13 Bankruptcy remains on the credit file for 10 years from filing date."No reference to the issue of reinsertion without notice.PLEASE GIVE BEST ADVICE whether and what next step to take?Do I send a ITS letter regarding the reinsertion?In truth the 10 years is not up, but is it still a violation because they did not notify me of the reinsertion?I am a little nervous about making a CRA angry and suffering those consequences.... Link to comment Share on other sites More sharing options...
CleverCynic Posted July 11, 2007 Report Share Posted July 11, 2007 I've never gotten notice of anything inserted or reinserted ever. I don't think its a requirement. Link to comment Share on other sites More sharing options...
Desert Bloom Posted July 11, 2007 Author Report Share Posted July 11, 2007 It looks like it is Per FCRA 611 (a) (5) (:"( Requirements relating to reinsertion of previously deleted material. (i) Certification of accuracy of information. If any information is deleted from a consumer's file pursuant to subparagraph (A), the information may not be reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies that the information is complete and accurate. (ii) Notice to consumer. If any information that has been deleted from a consumer's file pursuant to subparagraph (A) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency. (iii) Additional information. As part of, or in addition to, the notice under clause (ii), a consumer reporting agency shall provide to a consumer in writing not later than 5 business days after the date of the reinsertion (I) a statement that the disputed information has been reinserted;(II) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information; and (III) a notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the disputed information."611 (5) deals with inaccurate or unverified information. I had disputed the entry in June 2006 as being SOL for a Chap 13 BK because I thought the limit was 7 years, and EQ deleted, as did TU & EX. In reality the BK is within the 10 year rule so it is accurate -- however, since it had been deleted I still think EQ was required to notify me of reinsertion per the aove section of FCRA.Just not sure it is worth the effort versus just waiting another 10 months for it to falll off. Link to comment Share on other sites More sharing options...
thomassl Posted July 11, 2007 Report Share Posted July 11, 2007 I can't understand why yours is still on your credit report as I filed mine back in 2000 and it fell off my credit report one month past the 7 yr. mark! Are they sure they are not confusing your Chapter 13 with a Chapter 7? Link to comment Share on other sites More sharing options...
Desert Bloom Posted July 11, 2007 Author Report Share Posted July 11, 2007 I was very specific in the letter I sent them last month, and I attached a copy of the dismissal dated 6/1998 of the Chap 13.I also stated that they had reinserted without notice, and that neither TU or EX were reporting this Public Record.EQ's response was that 'a non-discharged, OPEN, or dismissed chapter 13 remains on the credit file for 10 years from date of filing.'They did not respond to the reinsertion dispute. Link to comment Share on other sites More sharing options...
Desert Bloom Posted July 12, 2007 Author Report Share Posted July 12, 2007 Okay, so after I got the letter from EQ saying the Chap 13 BK would stay on for 10 years on 7/7, I decided to do an online dispute of the information....and guess what? Today I get an email from EQ and they have deleted it again!!!Can't believe it, but I printed out my new credit report from EQ so it must be so! Link to comment Share on other sites More sharing options...
Recommended Posts