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Need Info for Letter to Creditor

Discussion in 'Credit Talk' started by dlo64, Jul 23, 2001.

  1. Jul 23, 2001 #1
    dlo64

    dlo64 Well-Known Member

    First USA is reporting my former account with them totally incorrectly. Right now they have me in limbo somewhere between the time one files for BK and the time it is discharged. They are reporting that I am over 180 days late as of 2/01 and that I filed a Chapter 7 BK petition on 2/28/01, and the status reads BK petition filed.

    Problem is that I filed BK in 8/00, they are on the schedule of creditors, and the BK was discharged 11/00. I need them to get this reported correctly as I am afraid because of their stupidity, they may decide to list this account as a charge-off instead of discharged in Chap. 7. This was disputed through Experian recently and the incorrect info came back verified.

    I am currently drafting a letter to send to FUSA with a copy of the discharge and schedule of creditors proving my complaint and to get this corrected. Is there some statute in the FCRA I can quote to them or do I just tell them they are in violation of the FCRA? Any suggestions for this letter would be appreciated.

    Thanks
     
  3. Jul 23, 2001 #2
    breeze

    breeze Well-Known Member

  4. Jul 23, 2001 #3
    dlo64

    dlo64 Well-Known Member

    Thanks Breeze.

    I started reading the FCRA at Section 609 through 615 so I didn't get quite that far. I really appreciate your help.
     
  5. Jul 23, 2001 #4
    bbauer

    bbauer Banned

    Problem is that I filed BK in 8/00, they are on the schedule of creditors, and the BK was discharged 11/00. I need them to get this reported correctly as I am afraid because of their stupidity, they may decide to list this account as a charge-off instead of discharged in Chap. 7.
    This was disputed through Experian recently and the incorrect info came back verified.
    **************
    If you only stopped to figure it out, you would be much better off if they do have it listed as a charge off instead of discharged in bk.

    What you really need to do is to dispute the charge off as a charge off instead of it being discharged in BK. Make them have it one way or the other, not both. If they agree that it is a charge off and try to collect from you, you simply report that to the bk court and see if they won't hammer on their pointy little heads.

    And if they just treat it as a charge off and don't send you a letter demanding payment, then you go after them for that, but in a different way.

    Your problem is that they have it listed both ways, and you are trying to do battle with a two headed snake.

    Resolve the issues first and then go for the CRA and make them get it right.

    You will have a lot better luck that way.
     

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