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[Precious_78]

Im having a problem with experian thet have all of my accounts as "discharger through bankruptcy chapter 7/collections accounts"
I read on here that was against the law. And it also says on one of them account charged off after the bk ch 7 info I called experian today and they are telling me that it is not against the law for them to report that info because the accounts were in collections and charged off before i filed the bk. and i dont have this problem owth the other two cras what can i do

[AAAArt]

First of all, NEVER try to deal with them over the phone. Do it in writing to the CRA and to the debtor. Look up some sample letters or research the issue to see if they are correct or not. My opinion is that the person on the phone may or may not knoww the real answer, but there is no record of what they said.
Write them citing the exact accts listed, quote the Fair and Accurate Credit Transactions Act (See the sticky posted at the top of this section) and state that these accounts should be listed as "Included in Bk...0 Balance or dropped completely from the report" since what they are now reporting is no longer accurate nor true."
Send it registered mail, return receipt requested to both parties. If you have not heard back from them in 30 days, send again, same manner and write
"2nd request" on top of it.
If they refuse to change it, you have two options, in my opinion. consider a lawsuit or at the minimum, have them put "disputed" next to it. The latter does litle good, since most lenders just ask for a score and not an itemized list, however, I think that you will see results with letters. You may have to or want to include a copy of your discharge notice and your creditor matrix.
Others may be able to address this situatin more specifically, but if you dig through the old related posts or use the "search" option, you may get some answers sooner. Art

[tinroofrusted]

Im having a problem with experian thet have all of my accounts as "discharger through bankruptcy chapter 7/collections accounts"
I read on here that was against the law. And it also says on one of them account charged off after the bk ch 7 info I called experian today and they are telling me that it is not against the law for them to report that info because the accounts were in collections and charged off before i filed the bk. and i dont have this problem owth the other two cras what can i do

Actually, the best thing to do, is to write the CRA's and ask them to verify the account EXACTLY as it is. If they can't do that, they have to remove it.

If that doens't work, dispute it all as included in bankruptcy. Send them a copy of the creditor matrix, and have them make sure to verify your reports.

[Precious_78]

So none of them should say "Discharged through bankruptcy chapter 7"
Because that is what all of the accounts say on my experian credit report. I htought that was acceptable???????? Im sooooooooo confused

[tinroofrusted]

Actually, the best thing to do, is to write the CRA's and ask them to verify the account EXACTLY as it is. If they can't do that, they have to remove it.

If that doens't work, dispute it all as included in bankruptcy. Send them a copy of the creditor matrix, and have them make sure to verify your reports.

They should say "chapter 7 bankruptcy discharged" and should show a balance of 0.00 with no payment history. (Because this is a fresh start)

You said yours state that they are also in "collections account" I don't see how this is relevant, other than to add another negative to your listings, and therefore that statement should be removed.

[sobroke]

So, on your cr, it should not have any payment history? All of mine still have a payment history showing 30/60/90 days late. Should I also dispute to have this removed?

[tinroofrusted]

So, on your cr, it should not have any payment history? All of mine still have a payment history showing 30/60/90 days late. Should I also dispute to have this removed?

Yes. I did, and all of mine were removed.

[jemery]

I'd like to know on what grounds the history was removed. *Many* authorities say that that history is allowed to be reported so long as it is prior to the bankruptcy file date. Telling either the FCRA, the CRAs, or the creditors that simply "it is illegal" is not enough in most cases.

[tinroofrusted]

I'd like to know on what grounds the history was removed. *Many* authorities say that that history is allowed to be reported so long as it is prior to the bankruptcy file date. Telling either the FCRA, the CRAs, or the creditors that simply "it is illegal" is not enough in most cases.

Well, I disputed mine citing the BK law stating that BK filing was to give a creditee a fresh start, therefore by leaving payment history on an account that was discharged through bankruptcy was illegal and a violation of my rights. They removed the history.

Many authorities DO claim that they can still report history, however, looking further into the laws of bankruptcy, I say that if it is there to give a creditee a fresh start, then it should be treated as such, and account history should be removed.

[jemery]

Well, that sort of begs the question... I think its great you had the negative history removed, and its great that you told them that it was "illegal" and in "violation of your rights", but... what laws did you look further into in order to give you that ammo? :-) At least the last time I ran through the bankruptcy code, the only time 'illegal' was used was in reference to controlled substances and evictions. Dont get me wrong, I'm not doubting your accomplishments, just trying to figure out what laws you cited.

[tinroofrusted]

Well, that sort of begs the question... I think its great you had the negative history removed, and its great that you told them that it was "illegal" and in "violation of your rights", but... what laws did you look further into in order to give you that ammo? :-) At least the last time I ran through the bankruptcy code, the only time 'illegal' was used was in reference to controlled substances and evictions. Dont get me wrong, I'm not doubting your accomplishments, just trying to figure out what laws you cited.

Let me find my letters and get back with you. I don't think that I used the words illegal in my letters (I do here, because I think it is!) but I will find it and copy it here fo ryou!

[jemery]

Ahh that would be great... thank you.

[robivi3]

Tin, anything you could post or put on the web (without your name of course) would be helpful. Thanks