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DH filed BK in 05' CAP ONE still updating on CR in 11'


VLDCA
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Not sure where to post this

Can they do this? He filed BK 7 in 05' & this bozo's updated in July 2011 as a new BK.

It says this: CAP ONE, In chapter 7 bankruptcy Derogatory. Occurred in 07/2011. Updated 07/2011

What can we do to fix this? Is this legal? It has lowered his score a lot! We get a CR mthly so we can see what they're doing now. Not cool!!

What is the best way to handle this? Thanks a bunch guys!!!

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If your DH used an attorney, go back to that attorney with this information and the attorney will deal with it for you. If your DH did his BK pro se (many do), then get the address of the Capital One BK Department and send a harshly worded letter CMRRR that you expect this to be reported on his credit report correctly (or possibly removed depending on when the DOFD occurred) and to be done in 30 days. If not, you will reopen the case and petition the BK court for sanctions against Capital One for attempts to collect on a debt that has been discharged.

Proper reporting for the debt is that the last day of reporting must be the day you filed for BK, it must say In Bankruptcy, and it must show a $0 balance. I said it might need to be removed because of the possibility that if your DH filed for BK in 2005, he might have defaulted on the debt before the BK filing and if so, the 7 year reporting period might be up (not for the BK but for the individual trade line).

Finally, there was an article posted recently in one of these forums about how Capital One is still going after people for debts discharged in BK. Some judges are looking into the care but so few have been filed and have gotten to trial that the judges are just noticing now. For the few cases that have been filed, Capital One has been using the bona fide error defense successfully in most of them. That is why I say send the letter first. If cannot be a bona fide error if you are informed about it and refuse to act to fix the error.

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The attorney is no longer at that address. He was a terrible atty, we ended up getting audited before we got the BK chap 7 b/c of him. He added up the amount wrong. By THOUSANDS, It was a nightmare! We were happy when it was over. They audited us for 6mths before they decided to OK the BK.

7

I was in the BK as well since my name was on some CC. I have no idea what my CR looks like. We are just trying to get his score up so we can finally buy a house. Cap 1 is only reporting this incorrectly on 2 out of the 3 & it has lowered his score by 30 points. It appears there are others doing this too, Target just entered a charge off in 10/2011, they were included in the BK 7, He doesn't have a Target card now. Chase did it in 2006 & they were included in BK 7 in 2005.

CRAP!! I just looked at the experian which is the highest score of all 3 & CRAP One reported it on there as well. What I do notice is that the others BK 7 CC's didn't do it. So maybe the combination of the others reporting it made them lower.

What a mess!! What can I do? Send letters to all companys & the CR w/ a copy of the BK 7?

Yes I do believe all the CC were defaulted first before BK 7 was OKed (they audited us which took 6mths!!) :-(

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