My DH and I filed a Ch 13 in 1/01. I sort of hit a wall with our credit repair about 2 years ago. Our scores were very high, and even though I wasn't technically "finished", I was exhausted in the fight. I decided to put it on the back burner for awhile. The bk was deleted from all of our reports EXCEPT Experian (what a surprise) several years ago. I ordered both of our experian reports a few weeks ago. They came today. Here is the dilemna: My report: BK gone Cap 1 reporting "inc in bk" redating the account as past due as of 5/05; therefore, it is schedule to continue reporting "inc in bk" until 5/12 or 4.5 years too long. DH report: Bk reporting as of 1/01 Cap 1 reporting "inc in bk" redating the account as past due as of 11/03; therefore, it is schedule to continue reporting "inc in bk" until 11/10 or 3 years too long. These are the only issues left across all of our reports. Everything else has been deleted or aged off. How do I handle this? I remember the cardinal rule of creditnet was to never send a CRA a copy of your bk paperwork. Well, what choice do I have? I can't send them mine, they will put the bk back on. They are already reporting it for him, but if I send it in, they will have all of the other data (that is no longer reporting) as ammunition against him. I never had any leverage with the OC's because they were all included in a bk and written off. If this Cap 1 account reported properly, it should age off in 9/07! That would leave me with just 1 CRA reporting 1 bk that would age off in 1/08. What do you all think?
First, just to be clear, this Cap1 tradeline is only reporting on Exp this way? Did you try disputing the tradeline(s) based upon incorrect "Date Of First Major Deliquency"? I would try this dispute, and I would also write Cap1 requesting verification of information reported to the CRA. My prediction is that this DOFMD is not reported on your report. If the dispute comes back "verified", then request a Procedural Request" from Experian of how verified. Again, they will probably not provide much information (beyond the address of Cap1). In the end you may have to pursue legal action, and you will need to do all the process steps, in a prudent fashion, to build a solid case. Good Luck!
Well it is only reporting on Exp this way, because I got the Cap1 account deleted from TU and EQ a couple of years ago for both of us. It stuck solid on Exp. Exp says they investigated the TL 3 years ago and refuse to do it again. It was wrong when I initially disputed it. When they "verified" it, it turned into a different mess. Now 3 years later, I have the last Cap1 mess. If Exp refuses to investigate it again (which they have twice), I can't really ask for a procedural request for an investigation from 3 years ago, can I? Where would I start with Cap 1 to try to resolve it from their end?
Did you try disputing for another reason? Or did you try submitting some "additonal evidence"? Per the FCRA, they MUST reinvestigate if you dispute based upon another reason of inaccurate and/or incomplete reporting. They also must reinvestigate if you provide evidence supporting your initial dispute. They do have up to the 45 days on a subsequent dispute, but they MUST investigate. (the "additional evidence" negates a frivilous labeling of the dispute). With another dispute, you CAN request a Procedural Request should the verify again. I would start by calling to find the appropriate department and person, then write (CMRRR) requesting a detailing of how Cap1 says they are reporting the account. State that you dispute how it is currently being reported "by the CRAs", and request verification of "how reported by Cap1". Experian is the toughest of them all for these cases, but dig in and investigate on your own. There most likely is a break down between Cap1 and Experian iin their processes, but as we all learn, it falls back on us to find the mistake, and manage the correction! Good Luck!
I seriously doubt that you are going to have any luck budging either one until you sue them in federal court for illegally reaging the debt. You really need to figure out which one is the real culprit before you file or you will have to name them both as co-defendants. Its best to avoid that if you can.
Okay here is my dilemna, I can dig in and fight either or both of them in court. I have done it before, I know the basic ropes and wouldn't be afraid to pull that trigger again. On the other hand......the true aging of this debt would have it age off of my report in Oct 2007. That is the date of the first major deliquency with the card was 10/00. In Jan 2008, the bankruptcy this account is tied to will age off at the 7 year mark. It was finalized in 1/01. Should I just wait until the bk ages off and then send EXP a copy of the bk filing showing that the specific cap 1 account was, indeed, included in that bk filing. If it was included in the bk filing, logic would tell you that there is no way it could have been delinquent starting 3 years after that. The account was a joint acct with my DH. The Cap1 account is reporting equally badly on both of our reports but differently. IT IS THE SAME ACCOUNT! If I send EXP a copy of the bk filing, wouldn't they have to delete the cap1 account in 1/08 as obsolete? It would actually be 4 months late if they did, but that would be okay with me.
