One pesky CA

[lasvegaslenny]

It has been almost a year since my bankruptcy was discharged. All the other CA's reported my bankuptcy as "discharged" and that was the last report from them.....

except one CA which has for the past seven months reported my bankrupycy as "discharged" every month. How does this affect my credit score and are they doing this just mess me up?

Do I need to address it with them?

Thanks for all the great info round here!

[willingtocope]

Well...the BK itself is the biggest ding on your reports..it can't get much worse...but...

Its my understanding that creditors are allowed to mark their tradelines as "Included in Bankruptcy" at discharge and then, they must cease reporting at all. You no longer have a credit relationship with them and therefore they have no permissable purpose to access your reports in any way.

You could send them a certified letter reminding them of that...

[VADebtor]

I had three doing this, a "623 letter" did the trick. Sibnce I did this (August of last year) I've seen some recommendations that you include a scan of the actual line from the credit report in the letter. But here's my version:

Creditor Address

Date

Via First Class Mail and Certified Mail, Return Receipt Requested

Re: Acct #XXXX

To Whom It May Concern:

This is my written notice of dispute pursuant to regulations recently adopted by all banking regulators and the Federal Trade Commission, effective July 1, 2010, which implement section 623.(a)8 of the Fair Credit Reporting Act (FCRA). Under these rules and the FCRA, Creditor must investigate my dispute, review the enclosed documentation, and report your findings to me, making corrections to your reporting to Transunion, or deleting the trade line entirely.

I recently reviewed my credit report from Transunion and found that you were erroneously reporting this account as Included In Bankruptcy (IIB) with a status date after the discharge date of November 23, 2009. This erroneous reporting has damaged me by impeding my ability to secure credit. On May 28, 2010 Transunion signed a certified mail receipt for my dispute letter. Transunion subsequently reports that you verified this reporting as accurate.

Specifically, credit scoring schemes, such as FICO, from myfico.com, are identifying your reported line as more recent than November 2009 when the Bankruptcy Discharge was granted. You must ensure your reporting to Transunion does not create the misleading impression that this account was IIB later than November 2009.

I have enclosed the following documentation supporting this request:

A copy of my Driver’s License to prove my identity

A copy of my Social Security Card proving my identity and association to this credit file

A copy of my Bankruptcy Discharge

A copy of Transunion’s claim that you verified this reporting

[willingtocope]

A copy of my Driver’s License to prove my identity

A copy of my Social Security Card proving my identity and association to this credit file

A copy of my Bankruptcy Discharge

A copy of Transunion’s claim that you verified this reporting

Whoops. That's much too much info to give a CA. Particurly when it includes copies of your signature. These people cannot be trusted. Their account number and your name and address should be sufficient. If it isn't, a letter from your lawyer threatening legal action is in order.

[VADebtor]

Yes, this was used with an OC. But if you want to use the 623 method lack of the information gives an opportunity for them to evade the requirement.

I understand the concern about signatures relates to the possibility that a signature will be scanned and pasted to other documents. I personally will take that chance, relying on the criminal sanctions that would be available if they did so.

[lasvegaslenny]

Hello all back for more advice on the above situation. I sent the CA out the following letter VA DEBTOR thanks for the formated letter:)++)on January 3rd, certified mail, signature required etc.

_________________________________________________________________

January 3, 2012

Re: SS # xxx-xx-xxxx

To Whom It May Concern:

This is my written notice of dispute pursuant to regulations recently adopted by all banking regulators and the Federal Trade Commission, effective July 1. 2010, which implement section 623.(a)8 of the Fair Credit Reporting Act (FCRA). Under these rules and the FCRA, Creditors must investigate my dispute, review the enclosed documentation, and report your findings to me, making corrections to your reporting to Transunion, Equifax, and Experian, or deleting the trade line entirely.

I recently reviewed my credit report from Experian and found that you have been erroneously reporting this account as Discharged In Bankruptcy (IIB) each month since the actual discharge date of November 2, 2010. This erroneous reporting has damaged me by impeding my ability to secure credit.

Specifically, credit scoring schemes, such as Experian Direct, are identifying your reported line as more recent than November 2010 when the Bankruptcy Discharge was granted. You must ensure your reporting to Transunion, Equifax, and Experian does not create the misleading impression that this account was IIB later than November 2010.

Sincerely,

My Name

_________________________________________________________________

I have received no response from them and they justy posed the bankruptcy as discharged again last month. How much time do they have to reply and whats my next step if they keep reporting the BK as discharged every month. As I said teh BK was IIB in November of 2010.

Any help is appreciated.

Edited March 3, 2012 by lasvegaslenny

[Denita]

Have your BK attorney send a letter, that will get their attention.