top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

CRA's ordered to correct bk filers reports

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    CRA's ordered to correct bk filers reports

    Zero balances and IIB. No more lates with thousands of dollars in balances on bk'ed accounts.



    SEPTEMBER 30, 2008 Dealing With Debt That Refuses to Die
    Court Ruling Requires Credit Bureaus
    To Wipe Away Bills Incurred Before
    Bankruptcy; Getting a New ReportBy JANE J. KIMArticle

    Millions of consumers who have filed for bankruptcy are about to get a second chance at a fresh start.

    A recent court order requires the three major credit-reporting bureaus -- Experian Group Ltd., Equifax Inc. and TransUnion LLC -- to clean up the credit files of millions of consumers who have filed for Chapter 7 bankruptcy. The problem: Old debts, which are typically forgiven by the courts in a bankruptcy filing, are still being reported as active on many consumers' credit reports.

    The judge for the case, David O. Carter of the U.S. District Court for the Central District of California, has given the bureaus until Oct. 1 to revamp their systems. Experian and TransUnion say they have already updated their credit files to be compliant with the court order, while Equifax declined to comment. TransUnion also sent notices to some customers saying they "may experience a slight change" to their credit scores if any of their accounts are updated because of a bankruptcy.


    Michael MeisterThe changes could be particularly important to borrowers now, as consumer credit tightens across the board. It is perhaps more important than ever for people to make sure their credit scores are accurate and as high as possible. This ruling is expected to clean up the credit files -- and potentially boost the credit scores -- of an estimated six million to 10 million people who have filed for Chapter 7 bankruptcy but still had errors in their files, according to plaintiffs' attorneys. Consumers with so-called zombie debt -- old loans they may have paid off years ago that can resurface when an aggressive debt collector erroneously demands payment -- are also likely to get some relief, if those debts also were discharged under Chapter 7 protection.

    In many cases, old debts linger on credit reports if lenders don't update their records, or if collection agencies ignore the fact that debts were discharged in bankruptcy. The credit bureaus' new procedures should ensure that anyone who files for bankruptcy in the future will have more-accurate credit reports.

    For consumers, credit-report inaccuracies can result in lower credit scores, credit denials and higher interest rates. "There's no question that having a Chapter 7 bankruptcy has a negative impact on your creditworthiness," says Michael Sobol, one of the plaintiffs' attorneys on the class-action case. "But when you have a bankruptcy, and you also have debts showing up as overdue and not paid -- that is a double hit."

    Consumers will have to request a new credit report to see if any errors have been fixed, which they can do free of charge at www.AnnualCreditReport.com. Any errors should be reported to the credit bureaus, which usually have 30 to 45 days to verify or correct the information. If they can't verify the data, the item typically will be removed from the file.

    Among those who are likely to benefit from the ruling is Gloria Conyers, a New York social-services counselor, who had been unable to get a mortgage because old credit-card debts kept popping up on her credit reports. "I thought all of that debt was gone," says the 57-year-old, who filed for Chapter 7 bankruptcy in 2004 with Charles Juntikka, one of the plaintiffs' attorneys. But when she started shopping for a mortgage this past summer, she was "shocked" to find out that her credit report showed that she still owed close to $20,000 from loans that should have been erased by her bankruptcy. "I was getting credit cards, so I assumed everything was OK," says Ms. Conyers.


    Getty ImagesMost consumers filing for bankruptcy continue to do so under Chapter 7 of the U.S. Bankruptcy Code. The provision allows consumers to erase credit-card, medical and many other debts -- but not alimony, child support, student loans or most taxes -- after certain assets such as savings are liquidated to benefit creditors. Under a Chapter 13 bankruptcy, on the other hand, less debt is forgiven. Individuals must work out a plan to pay off mortgage debt and other obligations over time -- usually three to five years.

    The court order stems from a class-action lawsuit alleging that each of the credit bureaus violated the Fair Credit Reporting Act by failing to maintain reasonable procedures to assure the accurate reporting of debts that have been discharged in bankruptcy. The lawsuit could now move to a trial to determine liability and damages if Judge Carter decides later next month to give the damages portion of the case a class-action status.

    The court-mandated changes come at a time when more consumers are filing for bankruptcy amid rising loan defaults and tighter credit standards. U.S. consumer bankruptcy filings jumped 29.2% to 96,413 in August, according to the American Bankruptcy Institute. That was the highest monthly level since October 2005, when the new federal bankruptcy law made it more difficult and costly for consumers to file for Chapter 7 protection.

    Total bankruptcy filings are expected to exceed 1.1 million this year, according to the American Bankruptcy Institute, compared with 850,912 last year. (Typically, consumer filings have represented about 96% or more of total bankruptcies over the past decade.) Chapter 7 filings rose to 67.6% of total personal bankruptcies in the second quarter of 2008 from 56.1% as of the first quarter of 2006.

    Consumer advocates and plaintiffs' attorneys say the ruling is significant because the credit bureaus will have to make wholesale changes to the way they report key information in bankruptcy filings. It used to be that the credit bureaus would remove pre-bankruptcy debts from consumers' credit files only if the creditors updated their accounts, says Daniel Wolf, one of the plaintiffs' attorneys. "Now, any debt that preceded the bankruptcy will automatically be reported as discharged" -- unless there is information in their files that indicates that the debts are nondischargeable or the creditor tells the bureau otherwise.

    For their part, the credit bureaus say that their existing reporting systems -- which rely on data that are voluntarily provided by the banks, lenders and others -- are fair and accurate. "The reporting format provides a uniform process for data furnishers to provide data to consumer reporting agencies," says Norm Magnuson, a spokesman for the Consumer Data Industry Association, a trade group for consumer-data companies.

    But consumer-advocacy groups, including the U.S. Public Interest Research Group, the Consumer Federation of America and Consumers Union, say that current reporting systems aren't as accurate as they should be and that errors in credit reports are common. Mr. Juntikka, the bankruptcy attorney, says his firm reviewed close to 3,000 credit reports for his clients who declared bankruptcy and found an error rate ranging from 64% to 76%, with many of those mistakes mischaracterizing discharged debts as still due.

    Erica Noe of Burke, Va., says an old debt on her husband's credit file cost them their home -- in part because it prevented them from being able to refinance their interest-only adjustable-rate mortgage last year. Her husband, Kenneth, had filed for Chapter 7 bankruptcy in 2002; in that proceeding, the court discharged his prior debts. Nevertheless, they were unaware that a previous $7,000 credit-union loan remained on his report, pulling down his credit score for several years.

    "We thought that once we filed for bankruptcy, it would go away," says Ms. Noe. "But it didn't. It affected everything." The 31-year-old nurse says they didn't find out about the error until they tried -- but failed -- to refinance their mortgage. When the rate reset, the Noes' monthly mortgage payments shot up by about $1,000; they lost their home to foreclosure last November. "It was a snowball effect," she says. "Unfortunately, everything just kind of worked against us at the same time.

    "I tried to fix the error on the report by calling the credit union and telling them to stop reporting," she says. Currently, their lawyer, Robert Weed, is filing a separate lawsuit against Equifax and the credit union. Equifax declined to comment on an ongoing suit.

    Write to Jane J. Kim at [email protected]

    #2
    Finally a little bit of help for those that struggle with their credit reports following bankruptcy.

    What I really wish though is that any account included in Bk would just be deleted. Period. Credit reports clearly show the date and place that Bk was filed and discharged. Why is all the extra even needed. If you file on 1 account or 30 its all ends up the same.
    5/29 Filed 7~ 341-on 6/24
    8/27-DISCHARGED
    11/2 - CLOSED
    EQ-604 EX-605 TU-560 ~4.5 months after discharge

    Comment


      #3
      Is this for 7 filers only? I don't see any mention of Chapt 13 filers - only a brief description of how 13 differs from a 7.

      We 13 filers have the same problems.........................

      Does anyone know where the original text of the order is?

      K
      You can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing

      Comment


        #4
        I was just about to write letters to the 3 amigos of the credit cartel until I read this. I just now re-checked my Transunion report and all the entries that had me worried have been corrected.... Wow, that was easy. Now to check on the other two...

        Comment


          #5
          Hi all!

          Recently I sent registered letters to all 3 CRA and also to the 2 junk debt buyers that had made claims, not once but twice, for the same amounts.
          Same account #'s with the exception of one that had added the last 4 #'s of the credit card #!!
          Both of these creditors were included in my C13 and paid their %. Final discharge was back in June

          So when I had a report pulled for a pre-approved mortgage loan, lo and behold I was still in debt for 50K...was I iritated...nah I was furious.

          Hence the letters requiring sending back those little green cards and guess what?

          All three CRS's have cleaned up their acts and my scores are in the high 600's to 700's and I am waiting to hear IF the bank has accepted my offer.
          The property is off the market and so it appears my deal is pending.
          There are a plans out there that will help first time buyers, some with zero down

          Finishing a C13 is not a walk in the park, especially now.
          I wish everyone with an ongoing BK to hang in there and keep coming back to this forum, support is here along with great advice.

          And if your BK has ended and you are having problems, write those letters. Stand up for your rights. It's just plain wrong to have done your best only to get kicked down again!
          Don't let it happen......get pro-avtive and go for the juggler!!

          You've earned that right!!

          Miss Posh
          Giddy with excitment as the end is HERE!

          Filed 9/18/03~341 10/18/03~Confirmed~11/18/03
          Final Discharge~6/24/08

          Comment


            #6
            Long time overdue. Took a national credit crisis to nudge the powers that be into finally looking into the CRA and their crappy system. Junk debt buyers, you're next!

            Comment


              #7
              Anyone with a Chapter 13 will find it very difficult after discharge to get your reports cleaned up. We are two years past discharge and still have issues. We get them cleaned up and then six months later either the old information is back or dates are changed, Chapter changed from 13 to 7, etc. It is an ongoing process and I cannot wait until April 2009 which is our 7 year mark for all that to start falling off.
              _________________________________________
              Filed 5 Year Chapter 13: April 2002
              Early Buy-Out: April 2006
              Discharge: August 2006

              "A credit card is a snake in your pocket"

              Comment

              bottom Ad Widget

              Collapse
              Working...
              X