credit report disupted item not fixed!

[ka2sie]

my husband disputed several items on his credit report which finally came back reporting correctly except one which was a car we gave back during bankruptcy they did come and reposess it and all but its showing as a chargoff with the balance and charge off balance and the credit reporting agency said ' creditor shows as account being reported correctly" how can this be correct??? isnt everything IIB supposed to be $0 balance and show IIB?

[Charlie777]

Creditor is reporting inaccurate information, violating both FCRA and the Backruptcy Act (credit reporting is collection activity, and collection activity is barreed by the permanent stay from your discharge). I would send a 623 investigation letter to the creditor with a copy of your BK discharge. If this doesn't work you can purseu with the CRA but I would press the creditor directly on the BK discharge issue. Also, my BK lawyer was willing to handle these sort of things on a contingency basis, have you asked yours?

Some people say to send the CRA your BK discharge, possibly with your debt matrix to prove the IIB. That has some potential to backfire because now you've given documentary proof to the CRA that all those debts were yours and were IIB, and that the public record reporting is accurate. Down the road if you wanted to dispute other aspects of those TLs the CRA may claim the dispute is frivolous.

[ka2sie]

but the creditor cannot try to collect on the debt can they since we filed that dispute right? we tried to contact our lawyer about an issue we had right after discharge and he basically refused to help since he got us our discharge.

[keepmine]

but the creditor cannot try to collect on the debt can they since we filed that dispute right? we tried to contact our lawyer about an issue we had right after discharge and he basically refused to help since he got us our discharge.

No, the creditor can't try and collect the debt just because you disputed the reporting.
I'd also suggest creating a paper trail by disputing with whomever is reporting the inacurate info as well as the CRA. Send the disputes CRRR.
If the issue isn't resolved you might want to speak with an attorney that hanldes FCRA cases.

[tcreegan]

Hi all,

Path of least resistance is to keep bugging the credit reporting agency. Their first response is usually "no" Send another letter, then another, eventually they will change it.

been there, done that....

Tom in Colo

[ka2sie]

Ok so we talked to the lender and basically in the past almost 2 years they didnt realize we filed Ch 7 since our co signer (family member) also filed ch 7 and the bank just charged off the account once we stopped making payments during bk. She said she will fix it and to send a dispute letter to them along with credit report portion showing the error. Should I send a copy of our discharge notice also even though she didnt ask for it??

[df04527]

No -- do not send anything but the dispute letter and even that is asking alot. The creditor can initiate an immediate fix without a dispute letter. Trust me. It is not YOUR responsibility to make sure they follow the law. Speaking of lawsuits -- i bet they would change it hearing that. Idiots.

[ka2sie]

Ok ill just send a letter then. yes her attitude totally changed when I mentioned that it was included in our ch 7 bankruptcy she is like " oh he filed bankruptcy too" oh well that changes everything ill get it taken of and she wanted us to send a dispute letter in a couple weeks just to be sure so we can get a copy for our records.. dumbass's. lol. Could they get into major trouble for not catching something like that?? our bk case clearly shows the car was included.. the co signer was my father and I dont see why they got his ch 7 but failed to get ours. Funny thing is im not even on the account my hubby wanted me to see if i could take care of it. Im beyond pissed at the lender for being dumb these past 2 years basically screwing his credit but also our fault for not fixing it. They cannot try to collect on it in the mean time right?? im paranoid about stuff like that.