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HELP!!! I hit the mother load with this one....


OMGWhatHaveIdone
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I used to belong to a CU. In 2003, I got a vehicle loan and personal loan from them. In 2004, I opened up a credit card with them. I lost my job not too long after and even though I tried hard, I fell behind in payments on all three things in 2006.

As a result, my truck was repoed in July 2006 and was auctioned off in August 2006. Not long after, my credit card account was closed then charged off. My personal loan was also charged off.

I received a letter from the CU stating how much the vehicle was sold for at auction and what my balance due was. When I didn't pay, they took me to court and the judgment was for $6391.85, filed and docketed 11/15/2006.

In 2008, I filed BK. When my atty pulled my CR from EX, in Feb 2008, it showed only one judgment from the courthouse, which was on the truck. The claim amount matches the amount of the judgment, as it should. However, under delinquencies, it also shows the same account as being charged off/past due 120 days and the original amount ($8468) is incorrect - off by well over $2000. It did say that the amount written off was the same as what the judgment was. It also reported a "recent payment" of $187. The type is listed as an Installment with the terms being 60 months and last reported in 7/07. So for the truck, there's two listings on my CR. Is that allowed? We listed the judgment on the BK. Proof of this is on file under the plan that was submitted to the court.

Now, I pulled my CR from EX in 12/08 and low and behold, while the judgment is still listed, it doesn't state that it's been filed with the BK. Furthermore, under Delinquencies, it's still showing as an acct charged off/past due 120 days $6269 written off, however it that doesn't show that it's been listed under the BK. It shows a credit limit of $8468 and they are still reporting a recent payment of $187. It should be noted that on the Proof of Claim form that my atty received back from them, it showed the contact information was with Beacon Services, in Maryland. Isn't that a collection agency? Can a judgment be turned over to a CA?

Can the OC continue to report a recent payment if:

1. the judgment has already been included in with my CH 13

2. it shows another TL as the same debt (different amount) being CO?

3. there has not been a payment since prior to June of 2006, so how can there possibly be a recent payment? I don't get that.

Moving onto the next issue with this credit union:

This one was also included on the BK.

The personal loan: Judgment granted for the CU on 9/26/06 in the amount of $1551.59.

CR from Feb 2008 shows it as a negative item with the following information:

Installment; Terms: 48 months; OA $2000; Recent payment $57. Status: C/O; Past due 120 days; $1490 W/O.

No mention of the Judgment.

Then under Accounts in Good standing.... it's there again but the information is as follows:

Installment; Terms 48 months; OA $3277 Status: Paid, Closed.

I don't get that and I'm totally confused. Two listings by the OC for the same account but with different amounts. Again, is that legal? And why didn't they list the judgment on there if they listed the other one?

Additionally, my CR from EX in Dec 08 does not show that it's listed on the BK and pretty much shows the exact same information as the CR from Feb 08. Don't they have to report that it's been filed with the BK? We're talking 10 months later and they aren't reporting as such.

Third and final issue with this credit union is the Credit card.

I only ever had a CL of $500. That's all I requested because I needed the card to fix up things on my house for it to pass inspection. They were minor things, but I didn't have the cash right away to fix them.

They got a judgment on this one too for $740.81 on 11/9/06.

The judgment isn't listed on the credit report yet it's showing as a derog account with the amount of $867 as a recent balance, however the status on the Feb 08 report shows it was Charged off. $867 written off. $492 past due as of 1/08. In the SAME report it's listed as an account in good standing, being Paid, Closed.

The Dec 2008 report does not have the judgment listed. It lists the account in Good standing with the same info from Feb 2008, but also lists it as a derog account. It does show it as being listed on the BK. but the status is this: Petition for Ch 13 BK/past due 180 days. $867 written off. $662 past due as of Nov 2008.

Account history shows it as being Charged off as of 11/06 to Mar 08, Oct 06. Additionally, they show that I filed BK on 4/30/08, when in fact the BK was filed in Feb 08, two months prior.

So........ if you got this far and you can decipher all this... can you tell me if the CU is in violation here? If so, what are the violations and what are the next steps to take?

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First of all, not everything is or has to be "listed" on a credit report...whatever judgments against you exist "could" be listed but that fact that they aren't is not really unusual.

No, they should not list two separate tradelines for the exact same account and any accounts and/or judgments that were included in your bankruptcy should reflect that they were in the bankruptcy.

It could be that the credit union is reporting these tradelines incorrectly or it might be that they aren't updating them/haven't updated them in a while.

In any case, it sounds to me as if you simply need to follow the dispute process until all these tradelines are either corrected or deleted. Same with any judgments...if they aren't reported at all count yourself lucky...for any that are being reported, they need to be correct or be deleted.

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Would I be opening up a can of worms by asking for the DV letter even though all three items have judgments and only one judgment was reported to the CRA's?

I know the debts are mine. I went to court for all three. I'm just wondering what good a DV will do since I already am aware that they are mine.

Do I send a different sort of letter asking for corrections to the TL's since all three items are listed on the BK? I know they can't go after me for payment since the BK puts an automatic stay on the items and they never filed any sort motion for Relief with the BK courts. I'm just wondering exactly what sort of information I need to include in my letters to them since the BK has already been filed. Should I ask for an explanation of why there are two TL's on my CRA's for the same accounts?

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Would I be opening up a can of worms by asking for the DV letter even though all three items have judgments and only one was reported to the CRA's?

I know they debts are mine. I went to court for all three. I'm just wondering what good a DV will do since I already am aware that they are mine.

Do I send a different sort of letter asking for corrections to the TL's since all three items are listed on the BK? I know they can't go after me for payment since the BK puts an automatic stay on the items and they never filed any sort motion for Relief with the BK courts. I'm just wondering exactly what sort of information I need to include in my letters to them since the BK has already been filed.

I'm not really talking about the Dispute/Validation process - there is an entire section here about getting your credit report corrected...before I did anything else, I'd suggest you spend lot of time reading in that section; especially the stickys.

Getting your CRs accurate is doable but it takes time, patience and persistence.

I don't see any "can or worms" here that can be opened...the debts are real and they are no longer owed because of you bankruptcy...getting things accurately reported on your CRs can only help you going forward.

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Thanks Robert. I've read and read and I get confused the more I read about things. I'm a visual learner and have a comprehension problem when I have to read things.

Can you suggest a search word or something that may point me in the right direction of which stickies to look at? I have printed out a bunch of stickies with regards to forms, letters etc. I just want to make sure I'm sending the CU the right request for information here.

Thank you for roaming around this section today. I'm quite relieved you're willing to help me here.

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Thanks Robert. I've read and read and I get confused the more I read about things. I'm a visual learner and have a comprehension problem when I have to read things.

Can you suggest a search word or something that may point me in the right direction of which stickies to look at? I have printed out a bunch of stickies with regards to forms, letters etc. I just want to make sure I'm sending the CU the right request for information here.

Thank you for roaming around this section today. I'm quite relieved you're willing to help me here.

I'd read up on the FCRA.

I'd also suggest spending some time here as this section deals more specifically with dealing with your Credit Reports: http://www.debt-consolidation-credit-repair-service.com/forums/forumdisplay.php?f=173

Also, you can search on the phrase "1-2 punch"

The main thing to remember is to dispute inaccurate information and keep disputing until the errors are either corrected or the tradeline is removed...I'd also suggest that you pick one or two items at a time to work on...don't try to do one massive dispute and try to get all of it corrected in one shot.

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Thanks again so much for the helpful tips. I have already gone out and purchased supplies from a list on a sticky in this forum. I'm all set with those things and will start digging through all my papers for the CU, receipts, checks etc. Getting organized for me, is the first step in dealing with the CU.

I've already found an answer or two regarding the situation with this.

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