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Jabber4

Received MOV on bankruptcy from Experian and information is wrong...next step??

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I recently disputed a bankruptcy & collection account (says included in bankruptcy) with Experian.  They came back verified so I asked for MOV, they sent back my credit report with comments listed and a letter that said they will not investigate again without New documentation.  Some of the comments said already investigated.  However the address listed for the bankruptcy center is a random townhome, definitely not a bankruptcy court and the phone number listed says disconnected when you call it.  For the collection account the original creditor is listed and they are a Canadian company, I called to see what this debt was and they said they do not handle anything in the US and that I should dispute which of course I already had done.  What next???

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Is the account yours?  Have you ever filed for bankruptcy?  Is a collection agency listed for the account, or only the original creditor?  What reason did you give for disputing the account (not mine, etc.)?

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Did they give you a reason that they will not investigate again?  According to the FCRA they must give you a reason:

(3)Determination That Dispute Is Frivolous or Irrelevant
(A)In general
. Notwithstanding paragraph (1), a consumer reporting agency may terminate a reinvestigation of information disputed by a consumer under that paragraph if the agency reasonably determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure by a consumer to provide sufficient information to investigate the disputed information.
(B)Notice of determination
. Upon making any determination in accordance with subparagraph (A) that a dispute is frivolous or irrelevant, a consumer reporting agency shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the agency.
(C)Contents of notice
. A notice under subparagraph (B) shall include
(i) the reasons for the determination under subparagraph (A);
and
(ii)identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such informaion.
 
They clearly did not correctly respond to the MOV, and if they did not give a reason for refusal to reinvestigate, then they are also not in compliance with 1681i(a)(3) as well.  At that point, if it were me, I would just file an arbitration claim against them for the two violations of the FCRA.
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I would pull a new copy of your report to see if these accounts remain.  Often they will delete after an MOV request without mentioning it.

This is not a refusal to investigate as I first thought, but this is definately not a proper response to MOV as required by the FCRA.

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I did pull a new report and they are all still there.  They even updated the collection account to show that there was a late  payment in Feb 2016 even though they also have it listed as bankruptcy in 2011.  I was going to write back listing their mistakes and saing that it is not possible they were furnished this information by the contacts they have listed as they are not legitimate.  What would you do?  Thank you for your help.  I read all of your responses on multiple posts, as it is obvious that you are very knowledgeable in credit repair.

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Send a letter to this collection agency stating that they are reporting a payment and an active collection in violation of bankruptcy law and that if they do not immediately delete this trade line you are going to motion to open the BK and have the trustee sanction them in Federal court.  Watch how quickly they cave.  EX is getting this information from SOMEWHERE and that is where you need to start.

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2 hours ago, Jabber4 said:

I do not even know what this collection is for...does that matter?

If the account was included in your bankruptcy it does not matter.  They cannot do this it is ILLEGAL.

 

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On ‎2‎/‎22‎/‎2016 at 8:37 PM, Jabber4 said:

I recently disputed a bankruptcy & collection account (says included in bankruptcy) with Experian.

 If you have a trade line on your credit report reflecting zero balance and discharged in bankruptcy, the data furnisher isn't reporting inaccurate information, is he? Because a trade is included in bankruptcy does not mean that it must be masked from consumer report, as long as the information is correct. If you're trying to get creditor to remove trade line entirely, you're simply asking them to do something they're not required to do.

Now, if they're updating the account with new information, and you can't get any traction with FCRA dispute, you could go back to BK court go that route, or you could file 1692e(8) claim if the furnisher is a "debt collector." Some BK courts want no part of stay violations, some do. NC bankruptcy court is circus, so you might want to stay out of there.

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@Jabber4 There is nothing wrong with @Clydesmom suggestions, but I just have a different style of dealing with these things than she does.  What you do just depends on your comfort level with the actions.  I, personally, don't like a time consuming letter writing campaign that I believe will largely be ignored.  I like to take strong action right away to deal with FCRA (or other) violations.  If this were me, I would file an arbitration claim against Experian for failing to properly respond to the MOV and for verifying incorrect information.  When they want to settle, I will make sure TL deletion is part of my agreement.

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Thank you for all the help.  I think I am going to try @fisthardcheese advice although @Clydesmom I didn't even know I could do what you suggested so thank you.  The whole story is that I got divorced in 2007 and in my divorce papers my ex was to pay these accounts.  He filed bankruptcy in 2010 and they came after me for everything because he never took my name off anything.  After consulting with several lawyers I was told by all of them I had to file or pay even though he had ran everything up after our divorce.  It's been over 5 years and just want to to get anything removed that I can.  I know life isn't fair, but it sucks to work your butt off and still pay for someone else's inability to handle their finances.  I have never done any kind of arbitration but I'm sure it tells me how somewhere on this site.

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I did find out yesterday that the collection was from where he released his car in the bankruptcy.  After the credit union sold it they gave what he still owes to the collection agency, if he had already filed how were they legally able to still turn over any charges to a collection agency?

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5 hours ago, Jabber4 said:

I did find out yesterday that the collection was from where he released his car in the bankruptcy.  After the credit union sold it they gave what he still owes to the collection agency, if he had already filed how were they legally able to still turn over any charges to a collection agency?

The deficiency balance is still owed but considered part of the BK.  This is where you simply need to inform this CA that the balance was included in BK and reporting it as a current collection is a violation of the Federal law and that failure to correct this trade line immediately means reporting them to the trustee.  They will cave instantly.  If not they deserve to be sued.

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@Jabber4

Experian uses AAA as the arbitration firm in their contracts.  You can go to www.adr.org and search for the Consumer Rules.  Make sure you are reading the consumer rules.  This will explain how the process works, what you are entitled to and how to "demand" (i.e. file) an arbitration claim.  There is a separate form called the Consumer Demand for Arbitration.  Again, make sure you are using the consumer demand form.   That form also contains instructions on how to file and what is required.

Essentially, I type up a quick letter to Experian explaining that they failed to properly respond to my MOV request and to reinvestigate my disputes per the FCRA and that I am demanding arbitration to resolve this matter. (it literally need not be more complicated than that).  I also ask that my consumer filing fee be paid directly to AAA per the terms of the arbitration clause agreement.  I send this letter along with a copy of the Consumer Demand form and a copy of the Experian arbitration agreement (required by AAA rules). I scan a copy of everything I am sending to Experian and save it as a PDF.  I then send an email to CaseFiling@adr.org and attach my PDF. In the body of the email, I tell AAA that I am filing a consumer demand for arb and that I have asked Experian to forward my consumer filing fee directly to the AAA per the terms of the arbitration agreement.  A few days later, AAA usually responds with the case number.  After that, it may be a while before you hear anything else - sometimes 30 days or a little more - but eventually you will either get a commencement letter from AAA outlining the next steps in the process and a copy of the bill to Experian, or Experian will contact you before then and want to talk settlement.  Anything other than a settlement offer from Experian (such as a posturing email stating that I have no case or that arbitration is incorrect or does not apply, etc), then I will either ignore or I will send a very short reply notifying them that I intend to let the arbitrator decide on their points.

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17 hours ago, Jabber4 said:

The whole story is that I got divorced in 2007 and in my divorce papers my ex was to pay these accounts.  He filed bankruptcy in 2010 and they came after me for everything because he never took my name off anything

So, are you trying to say that you have not filed bankruptcy personally? Early in this thread, acorn asked if you had actually filed bankruptcy and it doesn't look like you indicated that you had? You have to know that if you have not, none of the comments in this thread are based on correct information.

11 hours ago, Clydesmom said:

The deficiency balance is still owed but considered part of the BK.  This is where you simply need to inform this CA that the balance was included in BK and reporting it as a current collection is a violation of the Federal law and that failure to correct this trade line immediately means reporting them to the trustee

If Jabber4 never filed bankruptcy herself, and the car was a joint obligation, she would still be liable for the deficiency balance even though it was discharged in ex's bankruptcy.

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@nascar  I also said after consulting with several lawyers I was told by all of them I had to file or pay even though he had ran everything up after our divorce.  I  then filed as I could not afford to pay for his house and my house and all of his other accounts.  @fisthardcheese I will start this process immediately, thank you for the help!  @Clydesmom thank you for the  information!  I have learned so much from this site.  I started off disputing with Equifax and was able to get most of the items removed including the  bankruptcy.  I'm going to just keep disputing any error I find.    

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27 minutes ago, Jabber4 said:

@fisthardcheese one last question, have you ever had any of the CRAs want to go all the way through with the arbitration?  I just want to be prepared.

I have not and I have yet to hear about it happening from others on here or elsewhere that I have suggested arbitration to.  That's not to say they may start suddenly changing the way they deal with these cases, though.  I would always be prepared no matter what.

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@Clydesmom I just wanted to let you know that I did send the letter you suggested for the collections and it was removed off of experian within 3 days of them receiving my letter!  Thank you so much for your help!  Wells Fargo is also listing a late payment so I will send a letter to them next!!!

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2 hours ago, Jabber4 said:

@Clydesmom I just wanted to let you know that I did send the letter you suggested for the collections and it was removed off of experian within 3 days of them receiving my letter!  Thank you so much for your help!  Wells Fargo is also listing a late payment so I will send a letter to them next!!!

If the late payment is accurate then the BK threat won't work.  BK does not erase their right to report late payments unless the payment date is after the BK was filed and/or certified. 

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