Called Transunion

[marializ]

I just called TransUnion regarding I have a few charged off as well as collections showing up on my CR. And many derragotorys as well. The person at TransUnion told me that charge offs cant be removed. I am disputing them anyways and also writing letters to the creditors. I thought they couldnt show charge offs or collections. These were never in collections we were never late on them untill we filed back last year in Oct.
WTF. Does anyone know the answer to this? Thank you.

Maria

[tinroofrusted]

I just called TransUnion regarding I have a few charged off as well as collections showing up on my CR. And many derragotorys as well. The person at TransUnion told me that charge offs cant be removed. I am disputing them anyways and also writing letters to the creditors. I thought they couldnt show charge offs or collections. These were never in collections we were never late on them untill we filed back last year in Oct.
WTF. Does anyone know the answer to this? Thank you.

Maria

Please don't EVER call the credit bureaus. You are only wasting your time and patience.

Send certified mailings and letters through the US Postal service ONLY!

And they are wrong. ANYTHING can be removed from a credit report if you know how to do it properly.

[marializ]

Called Transunion

Thank you for responding to my question..

Maria

[startingover06]

This only applies to charge-off reported AFTER the date of filing bankruptcy.

If a creditor reports an item as a charge-off (or as lates) when the account was current as of the date of filing it could be considered a violation of the bankrutpcy code's automatic stay and you can file an adversary preceeding against the creditor (normally at no cost) in your bankruptcy case.

If the credit agency helps a creditor report an item as a charge off they assisting in the violation of the Bankruptcy code's automatic stay and can also be held liable.

The bankruptcy code itself prevents even the "administrative assessment" of an account when it is an directed and taken against the debtor which effectively means the "assessing" an account as a charge off and reporting it to the credit agency. Here is the exact code:

(1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title;

The FTC has a letter in their files that states that it is their opinon that a charge off is a violation- http://www.ftc.gov/os/statutes/fcra/lovern51.htm

Be careful, because they also slightly backtracK in

http://www.ftc.gov/os/statutes/fcra/mccorkel.htm

[startingover06]

It's also a violation of FCRA regulations: The creditor HAS to send you notice of negative information reported on your account within 30 days, since they are barred by the automatic stay from harasssing, threatening or taking action against you they can't send you notice, so they also CAN NOT report the information.

FCRA States:
(7) Negative Information
(A) Notice to Consumer Required
(i) In general. If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 603(p) furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer.
(ii) Notice effective for subsequent submissions. After providing such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 603(p) with respect to the same transaction, extension of credit, account, or customer without providing additional notice to the customer.
(B) Time of Notice
(i) In general. The notice required under subparagraph (A) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 603(p).
(ii) Coordination with new account disclosures. If the notice is provided to the customer prior to furnishing the negative information to a consumer reporting agency, the notice may not be included in the initial disclosures provided under section 127(a) of the Truth in Lending Act.

[thompsoj]

Ok. So let's say you dispute a charge-off as IIB. Then they change the charge off date to months earlier to make it look like it happened before the BK. What are the options?

[tinroofrusted]

It's also a violation of FCRA regulations: The creditor HAS to send you notice of negative information reported on your account within 30 days, since they are barred by the automatic stay from harasssing, threatening or taking action against you they can't send you notice, so they also CAN NOT report the information.

FCRA States:
(7) Negative Information
(A) Notice to Consumer Required
(i) In general. If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 603(p) furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer.
(ii) Notice effective for subsequent submissions. After providing such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 603(p) with respect to the same transaction, extension of credit, account, or customer without providing additional notice to the customer.
(B) Time of Notice
(i) In general. The notice required under subparagraph (A) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 603(p).
(ii) Coordination with new account disclosures. If the notice is provided to the customer prior to furnishing the negative information to a consumer reporting agency, the notice may not be included in the initial disclosures provided under section 127(a) of the Truth in Lending Act.

Hey, this is great info and all, but do you HAVE to put it in every thread? It's sort of an overkill!