Included in bk/charge off Question.

Discussion in 'Credit Talk' started by neosmatrix, Mar 29, 2002.

  1. neosmatrix

    neosmatrix Well-Known Member

    Okay all need some feedback on this...

    I filed a bk in 10/97.. Before i filed none of credit cards were charged off...

    Now on my reports notably experian they have the entries included in bankruptcy/charge off... I disputed and 2 of the six were deleted and the remaining 4 were verified or stated no change..

    Could i redispute using this FTC opinion letter i found...

    UNITED STATES OF AMERICA
    FEDERAL TRADE COMMISSION
    WASHINGTON, D.C. 20580
    Division of Credit Practices Bureau of Consumer Protection ~ Clarke W. Brinckerhoff Attorney ~ (202) 326-3224
    April 24, 1998
    Mr. Michael Lovern, Sr.
    President
    TRIAL MANAGEMENT ASSOCIATES, INC.
    8972 Quioccasin Road - Suite 172
    Richmond, Virginia 23229
    Dear Mr. Lovern:
    David Medine asked me to respond to your Fax transmission of December 26, 1997, requesting our views concerning the legality under the Fair Credit Reporting Act (FCRA) of a credit bureau report of an account that has been discharged in bankruptcy as "charged off as bad debt." We acknowledge receipt of your request, pursuant to the Commission procedure set forth in 16 C.F.R. §2.2(a), for an investigation of the credit bureau.
    Section 607(b) of the FCRA requires credit bureaus "to follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates." In our view, it is not a reasonable procedure to label an account that has been discharged in bankruptcy as "charged off as bad debt" if the account was open and not charged off when the consumer filed bankruptcy. Such a designation would be inaccurate or misleading, because it would indicate that the creditor had written off the account at the time of bankruptcy when it had not in fact done so.
    Thank you for the information and documentation you submitted to us in connection with your request that we investigate this credit bureau's practices. As you may know, it is Commission policy not to comment on the status or existence of any nonpublic investigation.
    The opinions set forth in this informal staff letter are not binding on the Commission.
    Sincerely yours,
    Clarke W. Brinckerhoff
    cc:
    David Medine
    Jay Shaffer

    well what do you all think???
     
  2. Maer

    Maer Well-Known Member

    I would love to know the answer as well. Exact same circumstances for me except they did delete a couple however a month or two later they were back on there, reporting the same way.
     
  3. sassyinaz

    sassyinaz Well-Known Member

    ditto for me
     
  4. LKH

    LKH Well-Known Member

    I would definitely send another dispute with a copy of this letter attached. If they then fail to correct it, you will have valid grounds to proceed as necessary.
     
  5. mfactor

    mfactor Well-Known Member

    As long as the entry for the charged off acct also states (included in bankruptcy), it should have no effect on your score. I have many accts like this and they are not included in the scoring.
     
  6. neosmatrix

    neosmatrix Well-Known Member

    doesnt matter about scoring they are still reporting it wrong... they were not charged off debts but rather included in bk...
     
  7. neosmatrix

    neosmatrix Well-Known Member

    anyone else have any input???
     

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