I filed for CH7 back in 2000. Since then, I signed up for Lexington Law and it took a few years but they cleared up all but 2 items. 1. car loan - ame r i credit ( TRANSUNION & EXPERIAN ) a) this car loan was obtained prior to the bk and was massive 21% and yet i kept it even after the bk and paid for it 100% no lates ever. Even so, it's showing up as discharged in BK and is stubborn, wont' go away. b) I had a 2nd car loan for a diff vehicle with this same company at also a massive 21% but yet i also paid that off in full never any lates. THIS record does NOT show up at all on my credit report, so i'm not getting the good credit history 2. public notice - ch7 bk (EXPERIAN ONLY) With the above said, I imagine the best approach is to tackle #1 first before I can get rid of #2. I disputed #1 with both CRs, and they came back as 'verified'. I called them and they said was verified 'electronically'. I'm not sure what's the next step. Do I write a letter directly to the original creditor? If possible, I'd like to maneuver myself so that I'm disputing the 1A) issue with recourse to later force the CR to post the good payment history for 1B) so that I can take credit for my well deserved payemnts (at a massive 21% interest). If it's unavoidable and much easier to just get rid of 1A) without the ability to bring 1B) back into my credit report, that's fine too. I'm hoping you experts will give me the best path. Since I'm so close to the finish line, I wouldn't mind at all paying a pro to do this for me if they're fairly confident they can take care of it within a few months. Please provide any referrals (Los Angeles or Orange County). Thanks in advance!
It would appear that you would have to resolve this directly with the creditor first before you could expect a correction in their reporting on your credit reports. It may be that when you declared BK, the trustee notified all of your creditors including this one. Even though it was paid in full, was it on your debts listed in the bankruptcy? I have no experience with bankruptcy. Perhaps others can comment.
Yes, when I declared BK, my 'attorney' included it into the filing even though i told him I had every intention of carrying it all the way out. He refused to amend the filing, and that's the last I heard from him. I paid the loan in full waaay back in 2003 so I imagine the O.C. doesn't have the original docs. Can someone clarify for me, when we say that we ask for validation from a creditor, does that mean they have to come up w/ solid proof of the original contract obligation with my signature? Or is it a much lesser extent? So if I dispute directly to the original creditor, what's the best approach? To dispute the validity or to dispute that it is mine to begin with?
Sounds to me that you may have a legal issue here that might lead to a lawsuit against them. You say you want referrals from Los Angeles or Orange County. I'd talk to Robert Hyde of the law firm of Hyde & Swigart who are in San Diego. They do consumer protection lawsuits and are really good at it. Robert Hyde is always glad to talk to people on the phone so you could find out about the possibility of a lawsuit against the credit bureaus. I'm not telling you that you do have a case. I'm just suggesting that you make the phone call to see if Robert Hyde thinks you do or not. [/QUOTE]
You have to disclose all property and debts. Failing to include the car note would have jeopardized your bankruptcy. You had an option to reaffirm the debt, do you know whether you reaffirmed?
Thanks for the referral. I'll try calling him up. In regards to the re-affirmation, I don't think that was filed. My attorney never presented it as an option. Sounds like chances of me getting rid of these last few things will be near to impossible?
If you never signed a reaffirmation agreement, then the debt was discharged. Since it was a secured claim, the creditor probably allowed you tocontinue making monthly installments in lieu of not repossessing the vehicle in rem. So the notation "discharged in BK" would be correct, assuming it is verifiable.
I should add that I am assuming that all payments were being made voluntarily and that they never forced you to make payments. While they were unable to force you to pay, they could accept voluntary payments if you wanted to keep the vehicle.
I'm not disputing the fact of the derogatory status being valid. I'm sure it is valid. However, I'd still like to figure out a way to have it removed. That's what I'm trying to figure out.
