This is my 2nd posting of this message and I could really use your help on the following: I realize that I may have made mistakes with this creditor, but wish to get on the right track. I disputed the reporting of a bankruptcy in reference to a loan with a credit union via the CRAs. My reason for the dispute was never filed bankruptcy and therefore the listing of the account "included in bankruptcy" is inaccurate, which is true. FYI, the creditor has been been reporting this incorrect information since 1997. I didn't complain in 1998 when I discovered this, because my logic was as long as it was listed in bankruptcy, they would not actively pursue collection. AT THIS TIME, I thought my logic was good and reasonable. I will be in a position to purchase a home in the next 1-2 years and have started the process of cleaning up my record. One of the first things I decided to clean up was this creditor. So now I want the bankruptcy notation gone. I pulled my account in December and found that the creditor is still not only reporting a bankruptcy, but has re-aged this account. My experian report in 2000 indicated this account would be purged in 12/2001. Now the account is showing that it will not be purged until 1/2005. Because of these inaccuracies, I filed the dispute with the CRAs and did not request validation from the creditor. I should hear something from the CRAs within the next week on this. This creditor has been more trouble than the loan I secured. Not only has the creditor reported me as having a bankruptcy, but also re-aged the purge date, and made illegal contact with my employer regarding my debt. The creditor informed my employer of the total outstanding balance, the past due amount, the last day I made a payment, and urged my employer to get me to pay this debt. This was submitted in WRITING, and yes, I do still have a copy of this letter. I reported the debt to the agency governing credit unions, but did not pursue a lawsuit. The debt now is out of statute and from my understanding I can't sue. Again, I really want to get rid of this trade line from my credit reports. So I thought about sending them a letter informing them of the inaccuracy of the information they are reporting, as well as their illegal action by contacting my employer regarding my debt and demanding that they correct my credit profile within 15 days by permanently deleting this account from my credit report, and also inform their collection agency to permanently delete this account from my report, and to pay small amount in punitive damages in the amount of $2000. If trade line is not permanently deleted, will seek damages for defamation, violations of FDCPA and FCRA, etc.. Plan to use the letter they sent my employer as a way that shows that the creditor is continuously acting maliciously, first notifying employer, second indicating bankruptcy, third re-aging account. I would really appreciate a response on this. Please let me know what you all think about this approach or should I go another route. my2sentz
If it was me, I would send a demand letter, certified mail, detailing all of their violations(attach copies of proof as well as FDCPA and FCRA rules). Demand they immediately delete all info from the cra's and close their books on this acct., with a written, signed letter acknowledging that they did this as well as the assurance in writing that this acct. will not be resold. Then if they refuse, file a lawsuit, or get an atty. You have valid written proof from them of the violations. You may be able to get an atty. to handle this on a fee contingency basis.
I think companies write off losses due to debtor bankruptcy with the IRS. Maybe you could suggest to them that you'll tip-off that much feared institution, as it seems their company has "invented" a bankruptcy. Even if the company never wrote off anything on their, just the idea of an IRS audit makes even the most scrupulous company wet their pants. That's in addition to the other fine suggestions here. -ingenue
Thanks for your suggestions. On future disputes with collection agencies, could anyone provide a list of steps that a person should take from beginning to end to dispute a derog account with collection agency and original creditor. I believe the steps for the collection agency is as follows: validation letter -- 30 days 2nd validation letter -- 30 days (optional) estoppel letter -- 15 days thanks,
