Need Help with a letter to Creditor

I disputed them to the CRA as included in BK and so far 90% have been updated.

 

All you need to do is write them telling them they are knowingly reporting their former account with you incorrectly and that you are disturbed by this. Write that when your BK was filed with the court they were notified by the court that you had filed a BK petition against them. This proves that the creditor is knowingly reporting your former account incorrectly. This is a violation of the FCRA see below:

§ 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2]

(a) Duty of furnishers of information to provide accurate information.

(1) Prohibition.

(A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate.

(B) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if

(i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and

(ii) the information is, in fact, inaccurate.

Also:

2) Duty to correct and update information. A person who

(A) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person's transactions or experiences with any consumer; and

(B) has furnished to a consumer reporting agency information that the person determines is not complete or accurate,

shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.

(3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.

(4) Duty to provide notice of closed accounts. A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed.

And:

(b) Duties of furnishers of information upon notice of dispute.

(1) In general. After receiving notice pursuant to section 611(a)(2) [§ 1681i] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall

(A) conduct an investigation with respect to the disputed information;

(B) review all relevant information provided by the consumer reporting agency pursuant to section 611(a)(2) [§ 1681i];

(C) report the results of the investigation to the consumer reporting agency; and

(D) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis.

You do not need to include all of the above, just narrow it down to your specific situation and include it in your letter. Also include the page with the incorrect account from the CRA and highlight it. Include your BK schedule page with the creditor listed and a copy of your discharge. Blacken out any other accounts on the credit report and BK schedule. Tell them this is also a violation of the automatic stay under the BK statutes and that you will not hesitate to file a suit against them for these violations. Clearly indicate what specifically is incorrect and the correct way it should be reported. This would mean "discharged in Chapter 7 BK" , balance discharged should be $0, account discharged in BK lates need to be deleted. Tell them if they cannot correct this information, the account should be deleted from each CRA.

Send CRR and give them 30 days from date on green card. If you do not receive any communication from them (should be in writing; not verbal), research their company and find out who their officers are and fire off a letter there. Keep that letter as short and direct as possible and include a copy of your first letter and documentation as well as a copy of your green CRR.

Do this only after you have disputed this through the CRA and it comes back verified.

Sorry so long, hope this helps.

 

You're very welcome!

This should get you results. So far, I have not needed to sue a former creditor...a CRA, that is another story. I am still working at this and am waiting a couple more months to let everything fall into place first. It might also take some time. Keep an eye on your reports and give it enough time to update (could be as long as 60 days). Do not dispute the accounts with the CRA during this time as I learned it could confuse and make the situation worse. Don't be surprised if because of a stubborn CRA, you may have to contact the creditor again. You should be able to get a name and phone number of a contact at the creditor responsible to see this through. If this is the case, call that person up and say it still isn't right and give the details. Usually they will be happy to send another update. It is less costly for them than going to court.

By the way, there is no standard letter to send to the creditor because there are so many different types of mistakes that can be made with an account discharged in a BK. These mistakes often mess your report up more than the BK itself. It is essential when rebuilding your credit to have what is there correct if you can't get it deleted. This will make a lender's job much easier and cause less delays in obtaining new credit.

Good luck!