Newbie w/questions regarding CR

Discussion in 'Credit Talk' started by Clau, Apr 3, 2002.

  1. Clau

    Clau Member

    Just got my Confidentail Credit Report with info from the 3 credit bureaus. My question is this:

    I filed bankruptcy in July 93, was discharged 12/14/93. It is being reported like this:

    EFX: BK7 FILED IN 07/93; DISCHARGED
    XPN: BK 7 FILED; DISCHARGED 12-16-93 (that date is wrong by 2 days)
    TUC: BK 7 FILED; DISCHARGED 12-93; REPORTED 7-93

    My point is they are all different. Do I have any grounds to request them to take it off? And when is the 10 year rule up, the date filed or discharged?

    Thank you for any and all help.
     
  2. QUEEN_BEE

    QUEEN_BEE Well-Known Member

    I filed bankruptcy in July 93, was discharged 12/14/93. It is being reported like this:

    EFX: BK7 FILED IN 07/93; DISCHARGED
    This is incomplete because it shows no discharge date

    XPN: BK 7 FILED; DISCHARGED 12-16-93 (that date is wrong by 2 days)
    You've already stated the problem with this one; wrong date of discharge

    TUC: BK 7 FILED; DISCHARGED 12-93; REPORTED 7-93
    This is incomplete because it gives no date filed

    And when is the 10 year rule up, the date filed or discharged?
    It stays on the report for 10 years after it was discharged.


    I SUGGEST DISPUTING AS "NOT MINE". IN THE EVENT THAT THEY CORRECT THE ERRORS, YOU ARE STILL STUCK WITH THE BKs ON YOUR REPORT. PLUS YOU WILL HAVE VERIFIED THAT THE BKs ARE YOURS IF YOU EVER DECIDED TO DISPUTE THEM AS "NOT MINE".
     
  3. ted75

    ted75 Well-Known Member

    Equifax says something different

    Who is correct regarding date FILED or DISCHARGED?

    -------------
    Equifax says...

    https://www.econsumer.equifax.com/w...geFrameServlet?payloadName=pgFAQCredit.jsp#11

    Courthouse Records: Remain for 7 years from the date filed, except:

    Bankruptcy - Chapters 7 & 11 remain for 10 years from the date filed.
    Bankruptcy - Chapter 13 non-dismissed or non-discharged remain 10 years from the date filed.
    Unpaid Tax Liens remain indefinitely.
    Paid tax liens remain for up to 7 years from the date released.
    Paid or unpaid judgments remain on file 7 years from the file date.

    -----------
    FCRA says...

    (1) Cases under title 11 [United States Code] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.
    -----------


    Just curious...

    TIA,
    Ted
     
  4. Clau

    Clau Member

    Thank you for your response. But I'm still confused.
    You suggest that I dispute them as not mine, rather than the information is incorrect/incomplete and get them off my report, right?

    On what basis do I say they are not mine? By the way EFX and XPN are reporting me with my previous married name. How do I change that or should I even care?

    Thanks for your help. I'm just starting all of this and am overwhelmed and I dont want to do something which I will later regret.

    Clau
     
  5. QUEEN_BEE

    QUEEN_BEE Well-Known Member

    Have ANY and ALL old information deleted. The less they have to use to identify you, THE BETTER!
     
  6. Clau

    Clau Member

    What do you think of a letter like this?

    To Whom It May Concern

    I recently received a copy of my Credit Report through â??Confidential Creditâ? and noticed that the name you have under my Social Security number is not mine and you have an address in California, where I have never lived.

    In addition to this inaccurate information, I am writing in regards to the public record listed on my credit report. This entry is grossly inaccurate and incomplete by not reporting a date of discharge on a Chapter 7 bankruptcy filed in July 1993.

    I am quite concerned that you have neglected to assure the information you report is 100% accurate. You are in violation of the FCRA by reporting this entry as you are and I am demanding that you delete this erroneous entry immediately.

    I am enclosing a copy of my Social Security card with my correct name along with a copy of a bank statement and W-2 forms confirming my current address, where I have resided for the past 10 years.

    Thank you for your time and I hope to have this resolved most expeditiously.

    Sincerely,

    Thanks again for your help.

    Clau
     
  7. tmitchell

    tmitchell Well-Known Member

    You are too generous. Don't send them anything. Don't tell them where you got your report. They are not going to remove the BK becuase the date is wrong by 2 days - they will corect it.

    If the BK is showing $0 assets and $0 liabilities, dispute it as "I've never filed a BK with $0 assets & $0 liabilities".

    If your Bk is under an old name/address, don't dispute the BK until your old addresses, names are removed.

    As for when the 10 year rule applies, whether it starts at filing date or discharge date, it really doesn't matter - it will only be a difference of a few months and at that stage down the road, you could simply dispute it as obsolete a few months early and it may just come off anyway.
     
  8. Clau

    Clau Member

    Thanks for your reply. The BK is just showing with all 3 credit bureaus as discharged it says nothing about assets or liabilities. You think I should not dispute the BK until my name and address is corrected? And under what basis can I dispute the BK?

    Thanks.
     
  9. lbrown59

    lbrown59 Well-Known Member

    Just say not mine.
    You don't need any basis.
    They have to prove it's yours.
    You don't have to prove it's not.
     

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