Help...need advice on a dispute

Discussion in 'Credit Talk' started by figment, Aug 25, 2003.

  1. figment

    figment Well-Known Member

    I have been reading these boards for a while but don't understand the laws enough to figure out what to do next.

    I had a Jcpenney acct discharged in a 1994 BK7. I have since disputed said BK and not on all 3 CRA's anymore. But Jcpenney is still reporting the account as in BK on Exp and saying it was discharged in 2000. wrong !!! plus they are way past their 7 year mark.

    I tried disputing it and it came back verified. arg. how can they verify wrong information?
    I sent letter with BK letter to JCP to prove it was wrong and asked them to delete right away.
    what should I do next if they don't fix it?
    are they in one of those violations that will get me the $1000 ??
    anyway...thanks for the guidance
  2. chrisb

    chrisb Well-Known Member

    Isn't chapter 7 allowed to be reported for 10 years? Now since it was discharged in 1994, you basically have 2 routes. Either admit to the CRA that it is yours (which will prevent you from ever getting it to come off with the "Not Mine" approach) to get it back to showing discharged in 1994, then just wait 1 year for it to fall off, or I'd try a unique approach of the dispute with the OC, and then hit the CRA with a dispute.

    Just my thoughts, but I'd hit JCPennys with the totally honest line "I don't have a bankruptcy that was discharged in 2000, so this must be somebody else's JCPennys account on my credit report. Delete it now. I'm sure you are aware that providing false or incorrect information to a credit reporting agency is against the FCRA and your company could be held liable for damages of $1,000" Then just give the first line to the CRA that has it reporting, dispute it with the CRA after you've gotten the green card back. That should get the OC to ask it to be deleted (or at least update it to show the correct date of 1994) If that doesn't get it changed back to 1994 or deleted, then you can sue the OC for providing false information, and ITS the CRA for not investigating blatently false records on your credit report.

    I would not suggest trying to get a lawsuit started right away, most judges would probably agree to allow them to correct it to 1994 and be done with it.

    Hope I could be of some help.

  3. jlynn

    jlynn Well-Known Member

    Did you not get a response from JCP? Somebody recently posted some contact info for a person there. Maybe they can help.

    Did they mark the account in dispute with the CRAs?

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