2 Q's from a new participant!

Discussion in 'Credit Talk' started by Paul, Mar 20, 2001.

  1. Paul

    Paul Guest

    Hi folks.

    First, I can't tell you how excited I was to find this site, and the wealth of information each of you is sharing on your personal experience.

    I am currently undertaking the process of trying to repair my credit, and the task seems daunting. I have a 639 fico according to the Equifax website. My negatives include a filed chapter 13 in 1992 (discharge in 94), a couple of judgments in 1995, and a mortgage that was refinanced in 1999, but is reporting 3X 30 day lates for payments in 1998.

    I talked to a mortgage lender recently, when I was attempting to buy some land for our next home, and she suggested that the 30 day late payments are my biggest weakness at this point, with the bankruptcy a close 2nd.

    I therefore have started the dispute process with the big 3 bureaus to have them validate the 30 day late payments reported by FT Mortgage. In order to gauge how easy it would be to get my records, I called the lenders customer service (they are now First Horizon Home Loans), and they couldn't find my account. When I told them it was paid off in 1998, she stated that any requests for information, or transaction history would have to be made in writing, and include a 3 dollar fee. They stated the loan was on Microfiche, as it was no longer on their computer system.

    My questions are:

    1) In your experiences, how likely is a lender to verify late information on apaid off account, in good standing, and no longer on their system when asked by the credit bureaus as part of a re-investigation?

    2) There are no accounts on my bureau showing up that were part of the bankruptcy, but the public record is still showing with a date of 1992. Is this a good candidate for a dispute, and if so, what is the best way?

    Many thanks in advance for any insight offered.

    Paul
     
  2. Christi

    Christi Well-Known Member

    Re: 2 Q's from a new participa

    Paul,

    I found a letter on the Yahoo credit repair board that I sent all 3 CRA's yesterday re: bankruptcy. It is a good letter and I can type it here if you wish. Also, since the BK is that old and if you dispute it, most likely it's on fiche also and they won't be able to respond in 30 days, I've been told, this is not from my experience. If you want me to type the letter, let me know.

    christi
     
  3. Paul

    Paul Guest

    Re: 2 Q's from a new participa

    Hi Christi,

    I would love to see the letter!

    I didn't know there was a Yahoo board.


    Paul
     
  4. Christi

    Christi Well-Known Member

    here Paul

    To Whom It May Concern:

    I am concerned that you continue to list the dismissed bankruptcy as confirmed. Although it is your policy to keep reporting, bankruptcies which are filed, dismissed or adjudicated for 10 yrs the FCRA mentions nothing in Section 1681c relating to Bankruptcy about dismissals or filings. The law clearly states from "date of adjuication" or date of "order for relief"

    Any case, civil or otherwise, which is dismissed no longer exists in the eyes of the law and a case filed may never have actually been adjudicated. Therefore, you have no right to maintain info that the government has deedmed nonexistent.

    Therefore, it is only fair that in accordance with Section 1681(a)(5) of the FCRA you delete this from my credit report and send me an updated copy when it is completed.

    Considering that this does not require investigation I would appreciate your repsonse within two weeks from the date you receive this letter.

    Christi
     
  5. once38

    once38 Well-Known Member

    Re: here Paul

    All CRA's will remove a Chap 13 seven years from filing date. Only Chap 7 stays for ten years.You should be able to get immediate removal.
     
  6. miles

    miles Well-Known Member

    Re: here Paul

    I agree with once38. My chap 13 was being reported long after to 7 year rule on TU. I disputed it as such and they removed it without a problem.
     

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