I've read through posts and looked at sample letters trying to find one that will work with disputing the BK that's on my credit reports. I did file BK in 1999 and just trying to figure a way to word a dispute letter without giving info that will work against me. Any assistance is appreciated. I'll work on a letter and post for revision and input... Any input prior to my drafting a dispute letter is WELCOME! Thanks in advance..
It would be of great help if you would post how it is listed and what is inaccurate. That said, you could just dispute it as "inaccurate info - please delete". Will it work? Who knows. You probably would have a 50-50 chance. But if you post the details, we could give you a more educated way to dispute it.
Sorry for lack of info... Trying to gather my thoughts and information. All CRAs are showing $0 Assets and $0 Liability on them the BK. I'm thinking of using the "Why would I file Bankruptcy if I had $0 debts? Incorrect info please delete." approach that I read in a previous post by you... The other catch is that it was a JOINT bk that my wife and I had filed. Should I approach the CRAs with individual letters from each of us at the same time? Get one deleted and then try the other? Do them as one letter? Hope this gives you some more info to reply to. Here's something I've thrown together, please read and give me advice... ************ May 26, 2002 My Name Trans Union Credit Reporting Agency P.O. Box 2000 Chester, PA 19022 Subject: Dispute of Credit Information Please delete the following inaccurate item listed on my credit report: Chapter 7 Bankruptcy Discharged Entered: 05/1999 Paid: 08/1999 Assets: $0 Liab: $0 Why would I file Bankruptcy if I had $0 debts? Incorrect info please delete. In accordance with the Fair Credit Reporting Act, I understand you will check the listed item and remove it if it cannot be verified. I further understand you will reinvestigate and reply to my request within 30 days. Sincerely, Name ###-##-#### Address Phone Number (optional) ********
Instead of your first sentence, change it to "I have never filed a bk with 0 liablities - please delete". Their response is going to be that their software lists it that way. This is not an acceptable answer as the FCRA states 100 % accurate info is required.
Thanks! I'll save the last part of your post for a reply letter to them... I'm determined to get it off... The items on my report that say "included in bankruptcy" should come off as a result of the bk being removed, correct? Or should I dispute them along with the bk dispute? Also, should I do this as a joint letter and include my wife's info? Or keep them seperate?
I think you'll have to dispute each item. They won't do you any favors and remove the included in bk's just to be nice. As far as your wife goes, you will need to send separate disputes for her. Also, make sure you send it certified mail, return receipt requested so you have proof it was sent and received should it become necessary.
I have my certified labels and ready to get these out. Will be at the post office on Tuesday. Last question: The "included in bk" disputes... Will each one need to have it's own dispute letter? Or is it better to compile all of them into one? I think I have about a dozen items that say "included in bk". Thanks again for the input! I didn't know about this place till today... I've been missing out! - ORiOnKileR
You can dispute several items on 1 letter. But, I wouldn't do more than about 4 - 5 per letter, or they may label them as frivolous. Good luck!!
Each State's bankruptcy laws include provisions for what can be divulged as part of the public record, and what is withheld due to privacy laws. Many States prohibit the listing of specific figures,so any accurate report would show 0 assets and 0 liability.
Why Chat- Our BK was done in CA. Do you know off the top of your head whether that is included in what you're speaking of? I'll do some research on it and see what I can come up with... Thanks for the input! - ORiOnKiLeR
WhyChat is right. I'm in PA and the BK court doesn't report these amounts and as such, the CRAs don't either so that dispute did not work in my case.
Even if a state had a law regulating what could be reported about a federal bankruptcy (and I don't think any do), and even if this law were not preempted by federal bankruptcy law, any state law purportedly excusing (or even requiring) failure to report the complete information accurately would be preempted by federal FCRA. This is no excuse for the CRAs.
The FCRA does not override State Privacy Act Laws. The Federal Privacy Act laws are only applicable if the State's laws are LESS protective of consumer privacy.
Um, no. This is not at all accurate and not at all related to what I said. The Federal Privacy Act of 1974 has absolutely nothing to do with any of this. Any state (privacy or otherwise) law which purported to regulate what could be disclosed about a bk by a CRA would be preempted by federal law. Go to Constitution. Look up Supremacy Clause.
Okay... Looks like a debate. If it's a 50-50 shot (which I planned on), I'll go ahead and send letter with that info. If that doesn't work, I'll try another approach. I'll make sure to bookmark this thread, because I'm sure the underpaid CRA person will be overwhelmed with information that's been given here and just delete it anyway. Thanks to everyone for your input! - ORiOnKiLeR
Orion, I am in the same boat as you! My husband and I filed a joint CH13 in 2 years ago. It is listed as 0 liabilities, 0 assets, no specific court specified, individual, and in the Plaintiff name of our attorney. It does list a partial case number, not the whole correct case number, but a correct small piece of it. Talk about errors! This listing doesn't have one correct thing about it. Given that, it remains. I have disputed it online, in writing, over the phone. I have tried disputing it on all errors, individually, creatively. It remains. I found a thread by Lizardking I think that said if the CB can match 2 of 3 on basic info, they have you. It was name--in my case NO! Address--in my case YES, we haven't moved since we filed. Social Security #--in my case YES. That theory is just that, a theory. Would I sell my house and move just to test it? No. I think they are matching up on Case # and Social. The end. What I did do was subscribe to the Federal Court's Pacer system. I wanted to know exactly what was in the database that the CB's were looking at. There is tons of detailed information out there. It didn't really help me a lot other than to confirm that the CB's are not looking ver deep. I already knew that! Do look into Lizardking's theory. Can they match it up on name, address, or social. They probably got you on social easy. Look at those previous addresses and get them off of your report. It may help your BK dispute in the long run. Let us know how this progresses. Lots of people could benefit from what you learn! Good luck!
Hmm, I think I'll have to approach the addresses on my report before attacking the bk. I no longer live in CA, so I think I'll shoot for removing CA addys off my report (except for one that is different than when I filed) and go from there. I've moved from CA to NC, so maybe that's a plus... ??? We'll see. I'll definitely keep you posted. (I'll actually come back for more info) - ORiOnKileR
The obsession with trying to eradicate information on credit reports in order to raise one's "score" by disputing incomplete bankruptcy data that has been witheld because of privacy concerns and liability has exposed a severe case of "tunnel vision" The REAL concern should be the attack on privacy rights and the ease of identity fraud and theft caused by the LACK of such concerns.Read some of the material at these links and you will be HAPPY that your report says 0 assets 0 liabilities and doesn't give out access to every last detail of your life,medical records and size of your tv. http://www.privacyrights.org/ar/bankruptcy091800.htm http://www.techlawjournal.com/privacy/20001002.asp http://www.cmaccom.com/articles/art149.html
Okay, after doing some more digging through paperwork (and finding my bk information) I have found many more things that are incorrect. 1) CR from all agencies either have incomplete or completely wrong case # for the BK. 2) The name I filed under isn't the exact name on my birth certificate. Example: Birth certificate = John Fake Doe Jr. BK = Johnny Fake Doe 3) File dates are incorrect on 2 of the three CRs. After seeing so many discrepencies I think I'll let the 0 liab and 0 assets arguement rest. Which of the above do you think will be the best to include in a dispute? And, does anyone have any templates for a BK dispute letter? I've been searching for something and haven't come across anything... Thanks for the help! - ORiOnKiLeR
Thanks Why Chat, Scary implications there!!!!!!!!!! Especially with the ease of access to the pacer system. Sassy
