Duplicate TradeLine dispute, my Final Notice - & my headache, LONG

[LifeNLemons]

I have a trade line that is being reported twice under different names. It's a big huge mess, but here is what I know so far.

Same account # listed with different names:
First National Bank of Idiots
CMS-Sucks
Presumable Dumb Bank

Original credit line, date opened and other information is the same.

*First National Bank of Idiots had this account. They were notified of BK and *poof*, they're off my credit reports. (they were listed on 10.8.07, as of march, they're just gone)

*CMS-Sucks was listed with a different balance... but the same account # on both the Oct & March report.

*Presumably Dumb Bank showed up sometime between the Oct and March report. They are showing a reporting date of 02/2006, yet they are not on the October report. I'm assuming they showed up after First National bank of Idiots got their notice of BK. All the information now being reported is the same as CMS-Sucks except charge off dates are different.

I have returned mail from CMS-Sucks as they were reporting an incorrect mailing address the the CRA's.

On Feb 19th, I disputed both accounts for inaccuracy. They were verified.

On March 6th, I called the only number I could find, since there were no numbers listed on the CR's. They verified they had my account, and gave me a PO box to mail the BK notice to. I mailed it and they got it on 3.14.08.
No change to my CR's as of yet. (I know, wishful thinking)

On 3.17.08, when I re-disputed the CMS-Sucks as being a duplicate, it came back within 2 days as verified. (OH, and the CRA changed that incorrect address to a PO Box-not the one I was given when I called. Good thing I can prove they've been reporting it wrong for at least 6 months.)

So I can totally prove my case I think, just in the fact that First National Bank of Idiots got the notice and deleted the trade line completely. These other two, I don't know who or what they are, if they are in house collections or what. But, logically, they shouldn't be there either if the OC was notified, correct?

My question is, after I send the following letter, if they just update to IIB, can I still sue them for violation? I think adding a TL after notice of BK is a direct violation of the stay, especially when it has a balance and is showing as a charge/off, and then refusing to delete the duplicate is violating the FCRA. I wish I had gotten a CR right after filing BK, so I'd know for sure when the added it. I called Experian, and they don't know when it was added to my credit file. The reporter of the information gives them that date...WTF?!?!?!

I'm just spinning my wheels. I'm off to customize this letter and get it in the mail ASAP.

FINAL NOTICE


My Name
Address
City,State Zip Code
Phone Number

Low Down Bank
C/O Bank President Name
Address
City, State Zip Code



Today's Day and Date



This letter is to inform you that you are reporting incorrect information in my Equifax credit report. The account in dispute was discharged in Chapter __ Bankruptcy in ___. My EQ/EX/TU credit report shows that you have this account listed as �Charge Off/Bad Debt�. This is totally inaccurate information. The Fair Credit Reporting Act allows only for completely accurate information to be reported. You are in complete violation of that act by reporting this account as �Charged Off�. You are also reporting a balance of $xxxx.xxand $xxxx.xx as past due. By Chapter 7 US Bankruptcy law, this account was granted a full discharge of all debts and obligations. This means that the balance and past due amounts should be $0.00. This is another violation of the FCRA (Fair Credit Reporting Act) and US Bankruptcy laws. I disputed this account with Equifax on January 2, 2004. They notified me by mail that this item was verified as accurate by you this month, January 2004. This is another violation of the FCRA. The FCRA allows for statutory damages of $1000 PER violation cited. Since this requires no investigation by you, I demand the complete deletion of this information from my EQ/EX/TU credit report within 15 days of the receipt of this notice. I look forward to resolving this matter amicably without pursuing legal means.


My Signature
My Name
My SSN
My Account Number

[LifeNLemons]

I also have this letter. I'm debating which one I should send.

To whom it may concern,

In reviewing a current copy of my credit report I noticed that you are
reporting inaccurate information and as such I am notifying you as per the FCRA
as to the incorrect reporting as to the above accounts.

Let me remind you that I filed bankruptcy, included the above referenced
accounts and was discharged as of (Discharge date). The above accounts were
never reaffirmed by me and therefore should be reported as included in
Bankruptcy and Zero Balance as of (Discharge date). Any additional reporting
after discharge of this debt by the US Bankruptcy court is in violation of the
Bankruptcy discharge. My bankruptcy case # is (BK Case#), dated (Discharge
date), filed in (BK Court)

I demand that you immediately remove any information you have supplied to any
credit reporting agency after my discharge date. Please provide to me copies
of the Universal Data Form (UDF) use to correct this information supplied to
any credit reporting agencies at our new address, (your address). As per the
FCRA you have 30 days from the posted date of this letter to reply.

Time is of the essence. Please understand that we are extremely concerned about
the consequences of the actions you have taken towards the above accounts in
the past. Also be advised that, any disregard for this letter will result in
the pursuit of a legal remedy for violations of the Fair Credit Reporting Act
as well as notification to the US Bankruptcy Court, Federal Trade Commission,
the (Your State) Attorney general and the BBB. An amicable resolution is still
possible, but only if you act quickly.


(DO NOT SIGN)

PRINT Your Name Date

(add the below text in 8 point italic type)
This notice is not an admission of liability, a renewed promise to pay, or a
refusal to pay. This notice should not be construed as authorization or
permission to request our credit history or add any inquiry to our credit
report, however, it is an authorization to repair the noted tradelines in our
credit histories This is an attempt to avoid further expense, inconvenience and
delay, and to dispose of extremely expensive, burdensome, and protracted
litigation.

Any communication regarding this matter, or any other matter, should be
conducted solely by mail to the address shown above.

[tiredofdebt1]

Damn..i have the same issue...except First Bank of ****ers sold my account to credit solutions corp..same past due bal....and everything....they claim they are a collections agency..but yet...First Bank was discharged in my BK.....i tried to dispute...and credit solutions comes back w/ a response stating they have been trying to locate me

[coma]

Damn..i have the same issue...except First Bank of ****ers sold my account to credit solutions corp..same past due bal....and everything....they claim they are a collections agency..but yet...First Bank was discharged in my BK.....i tried to dispute...and credit solutions comes back w/ a response stating they have been trying to locate me

The dbt was IIB...couldn't you send them a letter to that effect and muscle them into deleting? It seems that marking a report post-filing especially with a negative IS a violation of the stay, like you said, so use that. The collection agency is discharged too, if you are no asset. I think that in many areas, even if a creditor was not included, like the collection agency, they are presumed discharged because if there are no assets to distribute, they weren't getting anything anyway...

this is a good question...