Hello, Can anyone help and or validate my problems. I live in Arizona which is community property state. My spouse filed a Chapter 7 and included my community property debts. Under AZ law a non filing spouse is also afforded a discharge of debts and is not responsible for the community property debts included in the bankruptcy. My problem is Chase, HSBC, GEMB, and Barlcays are all still reporting the accounts are past due with balances owed. I thought that once Chapter 7 was filed they could no longer report the balance. They have also increased the payment history delinquency every 30 days from 30, 60, 90, 120,.180 and now charge off. I have written certified letters to the creditors and given all of the bankruptcy info and the attorneyâ??s number. I also fax letters to general counsel of the creditors. They still refuse to change the balances or payment histories. Am I wrong? If not how can I rectify or sue for the deliberate reporting of incorrect info. Any help will be appreciated. The Chapter 7 Was filed in June but the payment histories from June to present are 30-180 then charge off and balance is still reporting. Chase is still sending statements! Thank you
If the debts have all been discharged, then yes- your credit reports should show that they were included in the BK and now have a 0 balance. It often takes creditors awhile before they update your reports, if ever, so it's common to have to follow up. Have you tried mailing copies of the discharge papers to all 3 major CRAs along with a letter requesting that they update your credit reports for all the creditors/collection agencies that were included in the BK?
I mailed cert letters to the creditors with case number,date filed, where filed, discharge date, attorney infoand gave name filed under. But no repsonse and no updates. I dont know what to do next. The creditors have been notified since the begining of all the info but they still charged off the accounts. I even gave the creditors attorneys the info as they were calling to collect. What more can I do? I disputed with the 3 CRA but they all came back with verified as reported or something like that. One of the CRA refused to look into it as they called my dispute frivilous!
But have you sent all that discharge paperwork to the CRAs? They can't simply deny the fact that you had a BK if you provide them with all the proof. What kind of dispute did you initiate with them?
Can anybody help me!!! I have sent all paperwork to all of my creditors. Both the creditors and the CRA received all copies of court docs showing the names and addresses of the creditors listed in the CH7, I also sent copies of the discharge paper work that was sent to me (my name on the envelope). Trans Union was the only one that zeroed out the balance and deleted the pay history. Besides sending letters of dispute to Experian and Equifax I also called. Experian hides their telephone number. I took a lot of searching the internet and finally I had to call a corp. office in CA and they transferred me to the dispute department. They are rude and will not do anything other than contacting the original creditors. I argued that they are giving inaccurate info. Per FCRA they are to do a "reasonable" investigation. Contacting the creditor that is incorrectly reporting the debts is not "reasonable" effort for the investigation. Both Equifax & Experian claim they will no longer "investigate" my dispute as they have done numerous times. Again I told the supervisors that they need to do more than contact the creditors. Both Equifax & Experian told me its not their responsibility to do anything more and that the items I am disputing will stay as is. I have sent letters to all CEOâ??s of the creditors also. I also filed an online complaint with the FTC, but from what I have read online they nothing more than keep a database of the complaints. I need to hold their hands to the fire. Someone has to be accountable. What more can I do??? FRUSTRATED!!!!!!!! These creditors have sent all the accounts to collection agencies or collection attorneys. Once I gave them the case number etc they close the account send it back to the creditor and they send the account back out to another agency. Itâ??s a viscous circle. I have e-mailed 2 law firms that advertise on the web for cost for FDCPA and FCRA violation cases. Neither of them has replied. I do not have the cash to hire an attorney. My car lease has expired. I tried to get another car or even purchase the used lease. The rate they quoted me is 20.74% as they all pull Experian. I am not accepting 20.74%. I will just have to turn in the car.
I'm at a loss on this one. It sounds as though you've done everything in your power to get your credit reports corrected. I would keep trying to find a good consumer attorney, because it sounds like you need one to help you send some nastygrams. Don't email the lawyers- call them and try to get one on the line who will listen to your situation. I would keep bugging Experian and Equifax in writing too. If TU updated everything, you obviously did something right.
