why do my creditors keep reporting charged off!!

[feelthevibe]

its been over a year since i got discharged Chpt 7 bankprutcy and i disputed almost my whole report with creditors still reporting charge offs when its been discharged, its been well over 4 months and still no change on my credit report what should i do???? i been faithful with my New Millenium secured card for almost a year now so what should i do?

[FilingOnMyOwn]

You dispute them specifically, as "not coded correctly, account included in bankruptcy with a zer0 balance"

[poorme]

FOMO - if the account was truly charged off prior to the bk, I was of the understanding that could still be included in the reporting...CO, IIB, $0 bal. No further reporting after the bk though. CO's during/after bk are disallowed for included debts.

[FilingOnMyOwn]

Yes thats correct. It was my understanding from the original post that the accounts weren't showing as being included in bankruptcy, only charged off, which was my problem as well as for many others.

[feelthevibe]

well how would i dispute them to the agencies, i dont have my account anymore with experian, what do you guys suggest i do ????? and im still confused in how to report it

[poorme]

If the co was b4 the bk - you can't dispute the co on the basis of debt discharged thru bk. You MAY be able to dispute the TL if there are any other discrepancies. Some people have had luck getting old <emphasis> charge off tl's deleted by writing a goodwill letter to the creditor, but that's a matter of chance. A lot of us here unfortunately have charge off's in our credit history. The best you can do is get it reporting correctly (evenif the co remains) and move on, establishing a clean post-bk history and cleaning up your reports the best you can. TIME is your best weapon, now. Use it to your advantage. For me, that meant resetting my expectations to understand I have to build a new history and deal with the past honestly and effectively. BK helps, but it doesn't completely clean the slate, as is sometimes thought! Good Luck!

[SinkingFast]

None of our accts were Charged Off or Sold prior to filing BK. But we have several reporting that way now. And we can't get them to change either. We've disputed several times. First time IIB, balance Zero. Second time inaccurate information. 3rd time, inaccuarate information. The CO's are still there.

In Public Records, the date of the BK is posted correctly. 9/14/06. One BoA acct clearly shows we filed BK in October 12, 2006 with the acct being Charged off October 1, 2006. I know BoA was notified way before October 12th as the Clerk of the Court's notification listing shows BoA as being contacted both electronically on 9/18 and via mail on the same day.

It's beginning to sound like CO's are something we're either gonna have to live with, give up on, and move on. Or, we'll have to hire a company like Lexington to clear up our Credit Reports for us.

[FilingOnMyOwn]

well how would i dispute them to the agencies, i dont have my account anymore with experian, what do you guys suggest i do ????? and im still confused in how to report it

Anyone is eligible for an annual free credit report, and credit reports are also free if you've been denied credit in the past 60 days. All you have to do is call all 3 credit bureaus, go through the automated system, and claim that you've been denied credit in the last 60 days.

[onlineuse]

Bank of America does it deliberately. An idea may be finding an independent attorney willing to take a group case against them.

If a few hundred bankruptcy filers, or even a few dozen filed some type of suit and shared the costs of doing so, I would think maybe it would raise enough awareness that it ends.

Bank of America is still indicating an account was charged off and reported it to the bureaus as of 1/20/2007, 4 months after our case was filed and 118 days after they were notified by mail and electronically. They are reporting it as 150 days late every month since I filed so VERY clearly they knew about the filing as it has not aged further to 180 or 180+. It's deliberate and they don't care. I also have noted what they are doing is shifting account information after the fact. IE, in one case an account had a mailing address that was in the reports at the time of filing, and became another account after the filing. I think they do this to give them wiggle room.

Bank of America is the absolute worst, I won't have a checking account with them, or even use an ATM with their name on it. They deliberately try to violate the permanent injunction.

[onlineuse]

As a side note does anyone know what the legal case would be? I have certified return receipts showing BOFA was in receipt of the Order of Discharge twice and still continues to report. I've sent it to all three addresses that ever existed for BOFA accounts...still nothing.

To be exact they are not only reporting charge offs for many they are still reporting balances due, past due, and days past due long after the filing, discharge and closing of the case.

If I can prove that they had actual knowledge of the discharge over and over again aren't they libel?

[feelthevibe]

yup im having the same probem with those degenerates from bank of america reporting a 2500 charge off when i only had a 500 dollar credit card!!! plus my repo is reporting i still own them the 5k after the sale of the car unbelievable

[lrprn]

As a side note does anyone know what the legal case would be?

If you are willing (and can afford) to go the distance plus retain a lawyer, you can seek damages from credit report violators like BOA. If a CRA, a user, or (in some cases) a provider of CRA data, violates the Fair Credit Reporting Act, you can sue them in state or federal court.

A less expensive alternative is to check out http://www.choicetrust.com/xsl/faq/f...a_consumer.htm for a list of the different federal agencies who have authority to enforce the FCRA. You can report a creditor for violation of the FCRA by contacting the Federal Trade Commission Consumer Response Center - FCRA, Washington, DC 20580; 202-326-3761. Keep us posted if you decide to pursue BOA, OLU - I hope you will.

[CATCHMEIFYOUCAN]

Think they are just "getting us back," for filing in the first place, and getting away with it for as long as they can! SMUCKS!

Good points here, Im going to print this out. My lawyer said after the Bk they go after the creditors to get my credit where it should be, if they don't do it right he sues them and I can usually get back at least $300 for the whole process. He is really a great lawyer if anyone is interested for the State of Virginia. Just PM me, he has his own website too. I've been waiting 7 months from start to finish from Ch13 .. converting to Ch7 and FINALLY DISCHARGED as of January 26th !

Catchmeifyoucan

[DecayingAngel]

"Think they are just "getting us back," for filing in the first place, and getting away with it for as long as they can! SMUCKS!"

CATCHMEIFYOUCAN - in some instances, I truly believe this to be true. I can name at least one lender that tries to keep debtors' scores in the cellar. It happens at such a high rate that it can't be coicidence.

What a shame that sometimes we have to resort to lawyers just to get them to do the right thing. It's very simple: Included in Bankruptcy Bal: $0

How hard is that?

[riverlady]

Actually the status of the account prior to BK is what governs the way it is reported. This is taken from my own research and also using Metro 2.

If the account was open then now it would report closed, zero balance and included in bk (7) (13) The reporting date here would be the BK date since that is the last activity date

However if it was already reporting charge off then it could continue to do so along with a zero balance and included in BK (7) (13) The date here would be the charge off date, not the BK date since they are insisting on the continued reporting of the charge off status and it happened prior to the BK. the BK would zero the balance out.

You could try to argue closed, zero blanace and included in BK (7) (13) but Metro 2 tells them otherwise.......