If a consumer disputes an item as "Included in bankruptcy", it would seem that this would be rather difficult item for an OC to confirm or Deny. Therefore, the question is, if an OC did not respond, would the CRA update the account to read "included in bankruptcy" on the consumer's credit file or would they delete the account entirely????????? How can an OC confirm if an account is 'included in BK'. Aren't they afraid of liability if they say it was not included in a BK? Particularly if it is a charge-off??
Being that BK is public record, any confirmation of this would have to be done with the courthouse, not the OC. If they could not verify that it was included in BK, they are likely to either -not change the listing at all (just to piss you off) -add the notation that it was included in BK (Very UN-likely that they would delete it altogether). This would be the one time they would prefer to apply the latter option of FCRA 611(a)(5) (since in this case it less favors the consumer, CRAs=spiteful idiots) Treatment of inaccurate or unverifiable information. (A) In general. If, after any reinvestigation under paragraph (1) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or cannot be verified, the consumer reporting agency shall promptly delete that item of information from the consumer's file or modify that item of information, as appropriate, based on the results of the reinvestigation.
I disagree, as a policy, if the CRA cannot verify what I am telling them, then they will delete/ Also, just because a BK is not showing up on a credit file does not neccesarily mean that it does not exist. It's hit or miss whether or when those types of records actually show up.
Then they might add a BK7 or 13 to your report. Who knows with them, they'd do anything I wouldn't put it past them! Then what would you do? Give it a try it's your credit report. Tac
