I have a repossession from 97 that is still on my TU report. The loan was cosigned and was sold by OC to recover some loss. The cosigner filed ch13 bk and was settled in the bk. I have disputed 2 times that the balance was incorrect, 1 last month, and verfied no change both times. The balance is clearly incorrect. What should I do to get TU's attention and get them to delete the item? By the way, it does not show the ch 13, but there is a consumer statement stating the bk. Thanks
Did you put the bk 13 statement on there? If not, I would start by writing TU and telling them you did not place a consumer statement and want it removed. As for the repo, I think you first need to find out how long the SOL in your state is. If it has already passed, then you can send a dispute directly to the oc. If it hasn't passed yet, since you haven't mentioned whether they are harassing you for payment, I would actually do nothing until you are safely past the sol.
Yes, I did put the statement in, being young and having no knowledge of the harm it could do. The SOL in in my state is 5y for written contracts. If payments were made by the cosigner as part of the bk in 99-01, does that restart the sol clock? From my understanding, if you request an investigation regarding a balance, the OC must be contacted to verify. Both times this was not done because I know that there is a difference of 9,000 in the report vs. what the auto company said before the bk was filed. Do I have something there? The OC has not contacted me in years. Thanks
Well, I don't think you really want that statement there. I would send a letter or call the cra asking them to remove the statement. If payments were made under the bk, I would assume that would restart the sol clock. But, I'm not an expert with bk's and I'd ask some of the others that are. How much was paid during the bk? I'm assuming the balance was discharged when the bk was discharged?
I read that the sol clock is restarted. you are correct. A portion of the debt was paid and the rest was discharged. I want to get the whole thing removed because TU did not contact the OC and the balance is still alot more than I really owe, even if the OC did decide to come after me. I want to get TU to delete w/o contacting OC. Any tactics I can use, or leave it be for a while?
try to request the procedures for the last investigation. and I'd remove that comment if I was you... PAE
§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (a) Reinvestigations of disputed information. (6) Notice of results of reinvestigation. (B) Contents. As part of, or in addition to, the notice under subparagraph (A), a consumer reporting agency shall provide to a consumer in writing before the expiration of the 5-day period referred to in subparagraph (A) (iii) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available; (7) Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph (6)(B)(iii) by not later than 15 days after receiving a request from the consumer for that description.
Yes, they are. What I have read, though, is that the CRAs are telling people that they can't get the procedures without a subpoena. Geeze, what will they think of next? Hmm, let's see, what else can we do to be obstructive and a major PITA? Oh, I know! On alternate Tuesdays, we'll deduct 100 points from all the scores, and then when people try to dispute, we'll tell them they can't dispute their scores on account of they are factual information, and plus that, it's not our score anyway, so we don't have to do anything. Yeah, that's it, we'll send them over to Fair Isaac, and Fair Isaac will say there is nothing they can do, the consumer will have to dispute with the CRA. Oh, boy, this will be lots of fun!
