Post discharge credit report

[memuzz]

Yesterday, I was checking my credit report as I do every few months for errors on it. I found items on Equifax that items that were claims on my case are now listed in the revolving credit portion of the report.

It doesn't have a note that it was included on my chapter 13 case. It has the original debt incur date and the day it went into collections. It also has the last reporting update. I checked to see if my case was removed from the public records section of the report and found it was still listed on my file.
My husband has been getting calls from a third party junk collector trying to collect on that paid off claim.

We were discharged on July 31, 2012. We filed on November 30, 2006. I know that after 7 years that the case is removed from our credit file with the 3 major credit reporting agencies according to my attorney. She sent information to us what to expect after the discharge and gave us a date of around December 2013 that our case should be removed from the credit bureaus.

I have opened up a dispute with the credit bureau. I had to get a credit report when we moved into our new rental for our rent application and these items were listed then as being a claim on the case.

I don't know what has happened unless the junk collection agencies are reporting it again to the bureaus!
I tried calling my trustee but no one is answering his phones. I'm not sure if the shutdown is affecting the Trustees or not.
My attorney has sent numerous letters to the bureaus and said if this happened again to directly contact the Trustee who handled our case.

What other options do I have to correct this bad information on my credit report that is lowering my credit score?

Thanks.

[Pjmax]

Your BK public record should be removed 12/2013.

Where did you get your Equifax report? You need to check your FULL report, either from annualcreditreport.com, or directly through each of the CRA's. Be sure and check all 3. If you are looking at your report from a monitoring service, it most likely does not contain the full info on your accounts. If there are only 2 years or less of credit history instead of 7, it's not the full report.

Your BK'd accounts should fall off 7-7 1/2 yrs. from DOFD (date of first delinquency.) Until they do, they should show 0 balance and included in Chapter 13. They may say charged off, and possibly sold. Accounts closed in good standing before BK can remain on your reports for 10 years or more. If you have any collections on your report for accounts that were included in your BK, dispute them with the CRAs first. If they come back verified, write a letter to the collection agency or JDB. Tell them this account was IIB and remove it immediately or you will be filing complaints with the CFPB, the BBB, and your attorney general, and your Chapter 13 trustee. You can also include the name and phone number of your attorney.

Don't forget, get copies of all 3 of your full reports.

[memuzz]

My attorney sent out several letters to the junk debt collectors. They removed it back in February of this year. Our scores were near 700 and they have fallen by almost 50 points since the collection activities. Nothing has changed as far as late payments or new items in collections. Our payment history with our car and other debts are in excellent standing.

The junk debt collectors started calling again in mid-September. I had a feeling to check the credit report and found out they started reporting the debt in collection again without any information that the debt was included in a chapter 13 bankruptcy. Our scores dumped from the mid 600s to 590 in just a few weeks! I was warned from my attorney that these agencies would try this junk and really didn't think it would happen. Well, it happened. The cases that are newly discharged should have some type of seal on them so these wolves can't have access to them. It seems almost as bad or even worse then ID theft. There really is no help for people who have been newly discharged. It's as if you paid off your case and these vultures are out to swoop in for the kill. There should be more counseling than an online course that really doesn't explain much.

[Pjmax]

Unfortunately, I've heard it happens a lot. I had 3 show up about 6-7 mos. post discharge. I managed to find email addresses for the CEO and pres. of one JDB, and some execs. on the other. I sent emails (and a copy certified mail RR, just in case) to all, with a list of all their violations. They were all removed within a week.

[memuzz]

That's why I can't understand why there aren't laws post discharge to help protect newly discharged debtors against these junk collectors!
The junk collectors know the law but know that most debtors don't know the laws. They are using fear as their weapon to cripple innocent post discharge clients with threats.

I will find out all the information about the companies and junk collectors online myself and start writing some emails and letters. I've taken down a few collectors in my past. I had it one night back in 1998 when they called my home threatening my handicapped sister on a Sunday night at 9 pm. I got in touch of the PA attorney general's office. The representative told me the laws at the time and not to put up with them calling anymore. In PA they can't garnish wages over credit only taxes, child support and student loans. So I wrote 3 letters. One I filed with the attorney general, one to BBB, and one to the collection agency. They never responded again. My sister is mentally retarded and the junk collector said they were going to have her arrested if she didn't pay for a magazine subscription that she had cancelled but went into collections. I was working late night as a nurse at the time and got so mad I nearly sued the junk collector for harassment.

Thanks for your help.