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Wachovia Did As They Promised

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    Wachovia Did As They Promised

    I had included them in my CH7 and decided near my discharge date to reaffirm the loan because the car is relatively new and figured it'd be goodwill on my part to do so.

    Fast forward to 60 days after my discharge, they did just as they said they would. They took my loan out of the bankruptcy department and put it back in the regular loan department, reported as open/current on all 3 CRA and gave me back online access to the account.
    Filed 12/20/07 [X] 341 meeting 1/15/08 [X] Trustee Declines to Dismiss 2/25/08 [X] DISCHARGED AND CLOSED 03/19/08 [ X ]

    #2
    Wow! If I had thought Honda would have done that, I'd have reaffirmed.
    From what I heard, if you reaffirm, the lender usually does not give you the benefit of reporting to the credit bureau.

    So I am paying my car each month, but they still report it as included in bankrutpcy.
    <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
    FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

    Comment


      #3
      Hmm...I didn't know that if you reaffirmed it wouldn't report as paying as agreed. Oh well, I still needed to keep my car.

      Good for you! Glad it worked out for you!
      Filed Chapter 7: 3-22-08
      341 Meeting: 5-15-08 It went great!!!
      Last day for objections: 7-14-08
      Discharged and Closed: 7-21-08

      Comment


        #4
        Thats the issue I'm in...my attorney told me not to reaffirm that they could come and take possession of our truck. Now I'm being told since we didn't reaffirm that Ford will not correct our credit report showing closed account with balance of 0 and included in bankruptcy. It sucks! I was always ontime with that loan except in early 2007 where I was late 30 days 2 times.
        Filed 12/31/07
        Discharged 04/21/08

        Comment


          #5
          Originally posted by wolfledet View Post
          Thats the issue I'm in...my attorney told me not to reaffirm that they could come and take possession of our truck. Now I'm being told since we didn't reaffirm that Ford will not correct our credit report showing closed account with balance of 0 and included in bankruptcy. It sucks!
          Ford can refuse to show your current payments on a non-reaffirmed loan after filing, but they CANNOT show a balance owed on that loan on your credit reports if it was included in your discharged bankruptcy! Dispute that immediately with the credit reporting agencies.

          And if the CRAs say Ford has confirmed the information, then send Ford a return receipt, certified letter stating that if they do not correct your credit report to show the loan as IIB and with a zero balance, you will be forced to contact NACA to investigate possible legal action.

          To contact NACA (National Association of Consumer Advocates) - http://www.naca.net/credit-reporting-problems/. They provide a great explanation here of how to go about trying to resolve credit reporting problems. There's also a link to NACA attorneys in your area who often take on violation cases like this for part of what you may make if you sue.

          Your credit rating is being trashed by what Ford is doing which limits the types of loans and credit and raises the APRs you can get now. That means you are being damaged by their actions and that you have grounds to bring suit. You have options out of this hole Ford is forcing you into thinking you don't know what your right are - now you do, so exercise them! Keep us posted about what happens, ok?
          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

          06/01/06 - Filed Ch 13
          06/28/06 - 341 Meeting
          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
          10/05/06 - Hearing to resolve 2 trustee objections
          01/24/07 - Judge dismisses mortgage company objection
          09/27/07 - Confirmed at last!
          06/10/11 - Trustee confirms all payments made
          08/10/11 - DISCHARGED !

          10/02/11 - CASE CLOSED
          Countdown: 60 months paid, 0 months to go

          Comment


            #6
            Great info to know, thanks lrprn!

            Originally posted by lrprn View Post
            Ford can refuse to show your current payments on a non-reaffirmed loan after filing, but they CANNOT show a balance owed on that loan on your credit reports if it was included in your discharged bankruptcy! Dispute that immediately with the credit reporting agencies.

            And if the CRAs say Ford has confirmed the information, then send Ford a return receipt, certified letter stating that if they do not correct your credit report to show the loan as IIB and with a zero balance, you will be forced to contact NACA to investigate possible legal action.

            To contact NACA (National Association of Consumer Advocates) - http://www.naca.net/credit-reporting-problems/. They provide a great explanation here of how to go about trying to resolve credit reporting problems. There's also a link to NACA attorneys in your area who often take on violation cases like this for part of what you may make if you sue.

            Your credit rating is being trashed by what Ford is doing which limits the types of loans and credit and raises the APRs you can get now. That means you are being damaged by their actions and that you have grounds to bring suit. You have options out of this hole Ford is forcing you into thinking you don't know what your right are - now you do, so exercise them! Keep us posted about what happens, ok?

            Comment


              #7
              Thanks! I've signed myself and hubby up for True Credit monitoring service today. I am starting to go thur all the items to start with the disputes. Thanks for this forum it has helped us tremendously!
              Filed 12/31/07
              Discharged 04/21/08

              Comment


                #8
                Originally posted by wolfledet View Post
                Thanks! I've signed myself and hubby up for True Credit monitoring service today. I am starting to go thur all the items to start with the disputes. Thanks for this forum it has helped us tremendously!
                Watch out on Truecredit...I noticed a lot of discrepancies on what was in their credit report vs what was reported on the individual credit reports (EX, EQ) i.e. Accounts that were closed were reopened and other mishaps.

                I cancelled it, and just get my reports individually from time to time. I don't know how accurate the ones myfico.com are, never tried them yet.

                Comment


                  #9
                  Originally posted by lrprn View Post
                  Ford can refuse to show your current payments on a non-reaffirmed loan after filing, but they CANNOT show a balance owed on that loan on your credit reports if it was included in your discharged bankruptcy! Dispute that immediately with the credit reporting agencies.

                  And if the CRAs say Ford has confirmed the information, then send Ford a return receipt, certified letter stating that if they do not correct your credit report to show the loan as IIB and with a zero balance, you will be forced to contact NACA to investigate possible legal action.

                  To contact NACA (National Association of Consumer Advocates) - http://www.naca.net/credit-reporting-problems/. They provide a great explanation here of how to go about trying to resolve credit reporting problems. There's also a link to NACA attorneys in your area who often take on violation cases like this for part of what you may make if you sue.

                  Your credit rating is being trashed by what Ford is doing which limits the types of loans and credit and raises the APRs you can get now. That means you are being damaged by their actions and that you have grounds to bring suit. You have options out of this hole Ford is forcing you into thinking you don't know what your right are - now you do, so exercise them! Keep us posted about what happens, ok?

                  My issue with my car loan is this:
                  It shows a zero balance due, "included in bankruptcy"... fine. BUT, it says "Recent payment: $0" and that is simply NOT TRUE. I have paid it regularly all through the bankruptcy. I can understand them not REPORTING each month, if they so choose to do so in spite of the fact that I am a paying customer (and they should be thankful I am paying!). But how can they say "Recent Payment: $0" when that is not true?

                  Can I force them to put my recent payments in there? What if I copy all my payment info from the past 6 months and send it to them and demand that they either put that there? What I would like is to get them to report my current payment status and current payments each month!
                  <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
                  FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

                  Comment

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