post bankruptcy credit reports

Discussion in 'Credit Talk' started by TracyeH, Apr 26, 2005.

  1. TracyeH

    TracyeH Member

    I'm having a hard time trying to get Experian to report a few of my discharged accounts correctly. For example, they are currently reporting as 'discharged thru bankruptcy/past due 90 days'. I disputed with Experian several times that the past due notations should be removed because I am no longer past due. I told them that those accounts should be updated to 'discharged thru bankruptcy'. Every since my discharge back in April 2004, these accounts have been reported this way. Even though the accounts reflect a $0 balance, I am concerned about the extra derogatory notations of 'past dues' lowering my Experian credit score. The discharged status is bad enough, but do they have to also include past due notations? Experian kept telling me that since it was part of my account history, then the past due notations have to stay on there. I tried contacting the creditors directly to make the corrections, but they refuse to cooperate. My other creditors are not reporting like that, and I have been late with them too prior to my bankruptcy filing. This is very frustrating. I have argued with Experian and told them that there's no way my accounts can be discharged and past due at the same time. Every month those accounts are being reported as past due which impacts my credit score. Has anyone ever had post bankrutpcy credit reporting problems?
     
  2. MrCredit

    MrCredit New Member

    I am still fighting some of my creditors that are reporting incorrectly. I have sent letters to EX, the creditors, and the BBB. EX will no longer verify even though parts of the TL keep changing. The creditors don't want to help. The BBB seems to be trying, but I'm not sure what more they will do. Keep the faith!
     
  3. TracyeH

    TracyeH Member

    Thanks, I'm trying not to let it stress me out too much. But, I still say wrong is wrong. They shouldn't be reporting my accounts like that. I am considerating a lawsuit against both the creditor and Experian, but I really don't have time or the energy for that kind of thing. I may just have to give in and take the legal route to get this matter resolved. I have already contacted several attorneys in my area, but no one is willing to take on my case. I need someone in the Los Angeles area to assist me with this. I didn't think it would be this difficult to locate an attorney to represent me. The creditor and Experian are clearly violating the Fair Credit Reporting Act. They must only report accurate information. Maybe I should contact my local state attorney general's office.
     
  4. kate04

    kate04 Member

    I have the exact same problem, the only thing wrong with the old accounts is that "past due" verbage. I don't get why it's not an easy fix!
     
  5. TracyeH

    TracyeH Member

    The 'past due' notations imply that the accounts are still delinquent. I am concerned that it will send mixed messages to potential lenders who will think that these accounts had somehow survived the bankruptcy. My old creditor, Capital One refuses to correct the information...which is why I have made up my mind to go after them for damages. I used to have 3 accounts with them. After my bankruptcy, two of the accounts were promptly updated as discharged on my credit reports. However, my third account was reported as a charge off with a balance. I disputed the chargeoff with all three bureaus. It wasn't easy; I had to make several calls to Capital One to get them to correct it. At first I was told that they didn't receive any bankruptcy papers. I pointed out to them that they were notified of the bankruptcy and besides, my other two accounts were being reported as discharged. Eventually, they updated this account as discharged with $0 balance for all three credit reports. But, my Experian report contained the error: 'discharged through bankruptcy/past due 120 days'. I tried to dispute the 'past due' notation with Experian but Capital One verifying it as being correct. Later, I wrote a letter to Capital One asking them to fix it. They sent me a strange letter asking me for a copy of my bankruptcy papers; otherwise they would assume that I didn't file bankruptcy. The next day, I called Capital One and was told that they had the bankruptcy papers afterall and to disregard the letter. So I did. But they still wouldn't fix the past due notation. I wrote them another letter and they responded by sending me another letter requesting my bankruptcy papers or they would assume that I didn't file for bankruptcy. I was ticked off. I called Cap One back and was suddenly told that they 'never got any bankruptcy papers'. They asked me if I filed for bankruptcy and whether it was discharged or not. What??? The last time when I called them (after receiving that first letter) they said that they DID receive the paperwork--now, they are claiming again that they don't have anything. How can that be when my other accounts were being reported as discharged? All three accounts were included in the petition. The next thing I know is that they changed the account (on Experian report) back to a 'charge off' status with a balance!! They told me to send in the paperwork so that the charge off notations could be removed. I eventually sent the paperwork to them but they are still reporting incorrectly as 'discharged through bankruptcy/ACCOUNT CHARGED OFF. They promised to remove all chargeoff notations after receiving my paperwork, but they didn't. The 'charge off' notation is still there even though it now says discharged. The status is supposed to say discharged through bankruptcy, that's it. Plus, they are reporting the balance history incorrectly on my Experian report. When I compare my most recent and older Experian reports, I noticed that the balance history keeps changing. Under the balance history section of my Experian report, they are reporting balances beyond my date of discharge (April 2004). Between May 2004-December 2004, the balance keeps rising. They refuse to fix this and claim that the balance history is correct--which is not, of course! They are intentionally trying to trash my credt report by reporting false information. I plan to pursue legal remedies for their willful violation of the Fair Credit Reporting Act. Sorry this is so long.
     
  6. jenz123

    jenz123 Well-Known Member

    have you been disputing as "not mine" or as "IIB"? do not send your court papers showing BK because you will never the the TL or BK off your report early. ALWAYS start every dispute as not mine. the "1-2" punch is the most efficient way to get items deleted and rack up enough violations to negotiate for deletion.
     

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