Hi everyone, This is my first post. I have been lurking here in this great place for about 4 months, reading posts and taking notes. My wife and I lost our jobs post 9-11, got in over our heads, and unfortunately had to declare bankruptcy in Nevada November 2002. We now live in Illinois. We have started over by getting the secured cards, and paying on them religiously. We also still pay on time on our car loan. Since we have shown that we are paying on time we have gotten more prime cards with much higher limits and have kept them up to date. Our credit scores are 698 for her and 653 for me. We are now in the process of trying to get our financial lives together to buy another house in August. I am very nervous about this, but get great inspiration from everyone's results. I am also touched with the level of sincerity from the people that help others with their insight. I have followed different people's posts and decided that starting with disputing online would be better suited for us. I have disputed 4 adverse TLS from each CRA for the both of us. She has 5 total negatives each CRA and I have 12. I started our disputes on 2/1/06. This is the first thing that I have heard back from any of them. I am confused on what I should do next. Any help would be greatly appreciated. First USA 4417xxxx Balance: $14,179 Date Updated: 12/2002 Credit Limit: $12,800 Past Due: $2,234 EXP- Charged Off TU- Charged Off EQ- Charged Off Should be listed as IIB. Disputed with all 3 as not mine. This is a letter that I just received in the mail from Chase, which I guess now owns First USA. It was accompanied with a copy of my signature on the original application in 1997. At the time I lived in Florida, if that makes a difference. Also, Chase is our bank here in Illinois. I don't know if that matters. "We have received your liability dispute regarding ownership of the account. To assist in our investigation, please review the enclosed signature of application. And return the assigned Affirmation document. Please send this information to the following address: Upon receipt of this Affirmation document, an investigator from our Fraud Department will contact you. If you no longer wish to dispute account, please complete and sign the Affirmation of Acceptance of Liability and return it to the following address: If we do not receive a response from you, we conclude our investigation based on the facts we have available to us. The account report as it is currently showing at the bureaus. If you have additional questions, please call us at the toll-free number noted on the top of the first page. For your convenience, we are available 24 hours a day to assist you." (end letter) This is what the attached letters look like. AFFIRMATION OF FACT-FRAUDULENT CREDIT APPLICATION This affadavit concerns credit card number "xxxx" ___________ have never applied for a credit card, nor have I relinquished any personal information about my residency, employment, or income, for the purpose of obtaining credit with Bank One, First USA Bank, or its affiliates including to, but not limited to, Wachovia Bank and First Card. I certify that I have not given anyone permission to apply for such an account, and I further certify that I have not benefited in any way from this fraudulent application. AFFIRMATION OF ACCEPTANCE OF LIABILITY This affadavit concerns credit card account number (xxxx). __________ did, in fact, apply for the credit card referenced above, with Bank One, First USA Bank, or its affiliates including, but not limited to Wachovia Bank and First Card. I certify that I am no longer disputing my liability for this account and further certify that this account was not the result of a fraudulent application. Do I sign one of these letters, do nothing, or something else? Thanks again for any help.
If you did BK were all your debts included in the BK? It would seem to me that if it was than it should be wiped out. Best your BK records and see what was included. I would not sign that letter.But send requests for Validation.
It definitely was included in the bankruptcy. I had different account which was with First USA included in the bankruptcy and it is also being reported as charged off. They have not sent me a letter regarding that one yet. I have read in a number of posts that they have a nasty habit of listing as charged off instead of IIB. I just don't know what to make of this first letter. What should be my next step? Thanks
Their reply was appropriate for a dispute of "not mine", particularly if they think they have your identifying information correct. If you had disputed as "should be included in bankruptcy", or had requested validation from a 3rd party collector, I would be concerned about whether they are trying to get you to reaffirm the debt, or deny your right to validation. But this is the original creditor. If you dispute as "should be included in bankruptcy", they might do what they are required to do, under both FCRA and federal bankruptcy law. Some consumers don't want to confirm that an account is IIB, hoping they might get it removed later. You tried getting it removed, and it didn't work. Who knows if it will work later? Do you already have other accounts showing as IIB? You might want to ask others what effect accounts included in bankruptcy will have on your ability to get credit post-bankruptcy.
I definitely have other accounts that are listed as IIB, but both accounts with First USA are listed as charge offs. Should I just forget this one for now and just let it go as verified for this round. Thanks for any help.
If you want it marked IIB, then dispute it with the CRA as "should be IIB". The OC had the legal duty to mark it such under bankruptcy law, but until you dispute their failure to do so, they have no liability under FCRA for their error. At least that is how I look at it. I am not an attorney. What does your BK attorney say? A BK on your CR is negative, but you did that, and those debts were wiped out. A charged off debt, still due and collectable, is a risk to payment of a new debt to a new lender, beyond your BK.
