Account Charged Off Challenge

[jemery]

Hello,

I have disputed one of of the claims by a creditor who has my account listed as both "charged off" and "included in bankruptcy". I've seen many posts on here, some saying that if the charge off was before the bankruptcy that it is accurate, and others that say if the account was included in bankruptcy, that the charge off claim is incorrect.

So I have two questions:

One, has there been a definitive answer on what is permitted per the FCRA with regard to having both listed?

Two, for clarification, if the account was charged off, but was done so AFTER the bankruptcy file date, but BEFORE the actual discharge, can the creditor still list the account as being charged off? I was under the impression that they cannot post defamatory marks after the filing. In other words, I filed for bankruptcy, and in between the file date and the discharge the creditor reported the account as charged off. Is this permissible per the FCRA?

Thanks!!

jemery

[jennga]

Good question, I want to hear what kind of response you get. I have the same issue. I am in the waiting process for my discharge, but several of my accounts had been charged off before bk. WHat is weird is that now on my credit reports, some of the accounts that had charged off just say included in bk, others have charged off and included in bk. I'm glad you asked this question and hopefully there are some very knowledgeable folks around here who will have an answer.

[tinroofrusted]

If this account was included in bankruptcy, and they chose to write "charge off" on it, then they are breaking the law.

The account should show a 0 balance, and should state "included in bankruptcy" and nothing more.

If this account wasn't included in bankruptcy, then they can put that on there legally.

If you find that you can't get it removed, write the creditor, and file complaints with the BBB about illegal and unethical business practices. I had to do that with a couple of mine.

[jemery]

Tin, you are awlays quick to reply, thank you for that :-)

I have read a few of your posts that are about the same answer as this one. But I have a follow-up. Understanding you beleive it is not legal for them to do that, do you know by what section of the FCRA they are in violation of? In a response from the creditor on this matter, they said "under the guidelines, this account is correctly reported as 'charged off' and "included in bankruptcy'. They are quick to say they are following 'guidelines', but do not not point to whos guidelines they are indeed following. I cant write back and say "no, you are not following guidelines" without actually telling them what guidelines they are in violation of. Otherwise, it will turn into a "yes it is" - "no it isn't" "yes it is" "no it isnt" type argument. Ive tried to find where the FCRA has determined the rules on this manner, however, I have not been able to find anything at all that says this.

Thanks again!!

jemery

[tinroofrusted]

§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]

Look this up, and it should give you the info that you need!

[jemery]

Section 611 are the rules for disputing information in your credit file. It does not say anything about what information is or is not allowed, or that they are, or are not allowed to claim something beyond the file date of the bankruptcy or the discharge date. If I sent them this section, their response would simply be that they are not in violation of reporting anything illegally, and that this section documents procedures and remedies for disputes. What is necessary is to show them *why* they are in violation of section 611, not that they are in violation.

[jemery]

I believe I've answered my own question...

The answer is in Section 362(a) of the Bankruptcy Code, you may read it for yourself here:

http://www.scu.edu/law/FacWebPage/Neustadter/article9/main/statutes/bk_362.html

[tinroofrusted]

Jemery, go here

http://www.creditinfocenter.com/eBooks/PoorMansClassActionLawsuit.shtml

and about halfway down, it will give you info on creditors and how you can sue them if they don't report and behave properly!

[bkfiler]

I believe I've answered my own question...

The answer is in Section 362(a) of the Bankruptcy Code, you may read it for yourself here:

http://www.scu.edu/law/FacWebPage/Ne...es/bk_362.html

do you think you could list what statue you think it is?

thanks

[AAAArt]

do you think you could list what statue you think it is?

thanks

You all and your statutes!!! Just tell them that Art said it was so! Art

[StaciMM]

One thing I've noticed-on EX they list the "IIB" month as a CO. I'm having that issue on 3 accounts and I think its a problem w/ how EX reports the info rather than how the creditors do.

EQ & TU show my car loan as IIB in 09/05 and nothing more. EX shows it as a CO 09/05, IIB. The account was current when I filed.

[tinroofrusted]

One thing I've noticed-on EX they list the "IIB" month as a CO. I'm having that issue on 3 accounts and I think its a problem w/ how EX reports the info rather than how the creditors do.

EQ & TU show my car loan as IIB in 09/05 and nothing more. EX shows it as a CO 09/05, IIB. The account was current when I filed.

Creditors can not charge something off that was included in bankruptcy.

It should ONLY state IIB, and nothing more or less.

If it does, dispute it until they remove it!

[StaciMM]

I know-the problem isnt' w/ the creditor-its w/ Experian. (EQ & TU have the same narrative, that the account was IIB 09/05. The best I can explain is that EX uses the same symbol for IIB as CO.) I'm trying to dispute it, etc.

Creditors can not charge something off that was included in bankruptcy.

It should ONLY state IIB, and nothing more or less.

If it does, dispute it until they remove it!