I had 20 years of spotless payment, skipped March, filed C13 in April before anything went 30 days late. I filed on $150k of unsecured debt (10 TLs, 7 OCs) and $170k of secured debt (3 TLs, not reaffirmed but paying). I'm scheduled for 5 years. I'm not terribly concerned with getting it off my reports prior to the 7 year point, although I wouldn't mind leaving the possibility open. What I most want, though, is to get all of the TLs into BK, with no duplicate accounts, no derogatory statements post-filing, no DOLAs post-filing, and (if at all possible) $0 balances for unsecured, and payment info for secured. You (Sassy) said that you did one round with the CRAs first. Could you tell me what approach you took? "Not my account"? "Not correct"? "These specific things are not correct"? Or "this is what it should look like"? I assume you didn't send your BK papers to the CRAs? Also, you mentioned using a "modified validation letter" for the OCs. Is that a version of the "Original Creditor Validation" letter in the "Sample Letters" forum, or something else?
Reddevil, 20 years, wow! It's amazing to me still that one instance of job loss, medical conditions or life slaps can have such an impact on 20 years worth of great reporting and history. If you want all tradelines to show as included in BK, I think I would focus on disputing what is inaccurate about the tradelines first, have that corrected, some creditors will likely update to show the tradeline was included in BK without your prompting. It seems to be harder to have the specific information within the tradeline corrected once it is tagged as having been included in BK. I disputed everything as not mine first, mostly because I wanted the maximum amount of deletions possible. Once discharged, those debts are non-existant -- I have no personal liability and I personally think that including the public record of a BK WITH the tradelines that were included is a triple-whammy and flies in the face of the BK protections and purpose. For those that were verified, I requested the specific procedures followed to verify from the CRA's (none of them responded specifically). Then the remaining tradelines I sent specific letters to the OC's, certified, once I received the green cards back, I disputed online again. I've never been specific and never said something was included in BK. I either want the tradelines deleted because they are inaccurate or updated to be exactly correct. I'd live with my remaining BK tradelines if they were reporting correctly. It just infuriates me that no one will get it right -- all but 2 of my tradelines have been deleted. I'm saving the "included in bk" dispute as my last resort. If I can't get them deleted any other way, I'll settle for a correct history and the BK tag. I've been disputing the specifics within the tradeline, like the date of last activity is incorrect, this was not a charge-off, I was never 90 days late. The OC's don't have to provide validation, I first send non-specific letters saying I have reviewed my credit reports and have discovered that your company is reporting inaccurate and incomplete information about me. Please provide me with written verification to substantiate your reporting, including a copy of the original contract with my signature establishing any claim and an itemized statement of accounting reflecting the balance you claim and dates reflecting the payment history you claim, or delete the tradeline in accordance with the FCRA provisions for duties and responsibilities of information furnishers. Depending on how they respond, I then start getting more specific. I've not had anyone respond. With each letter I wait until the green card is received and then dispute again. So far, I've not been declared frivilous, though I've used up my allotted number of online disputes. I just send now to the CRA's in writing. I started with 20-something tradelines on all reports, for hubby too, each of our reports now report 2 collections that still aren't showing correctly and one OC that just won't give it up (for me). Hubby has 2 additional OC's that were in his name alone. I have never admitted nor denied C13 to the CRA's nor provided them with my paperwork. One of my reports have had the C13 tradeline altogether deleted. The remaining tradelines were in fact all specifically included in BK and were paid in full, my C13 was 100% repayment, via the terms and subsequently discharged. My focus now is letters to those remaining C13 accounts that still aren't reporting correctly, saying they were included in BK and discharged. Your reporting is in blatant violation of the US BK Code and FCRA. Listing their violations to date, stating they cannot maintain accuracy and completeness when the tradelines are reported differently to each CRA, you have updated to provide further inaccurate information, verified bogus information, ignored my written requests for information and correct reporting, all after having been notified by the Trustee of the BK and subsequent discharge, having accepted payments from the Trustee, and having been notified by myself of your reporting errors and the individual CRA's via the dispute process. Your actions can be considered nothing less than willful and malicious should these tradelines not be deleted in their entirety, I may be compelled to seek legal action against you, including initiating an adversary proceeding for contempt of court charges, FCRA violations, blah blah blah. I copied the Trustee and my BK Attorney on the last round of letters. Should they not be deleted I will file complaints with everyone and their brother, copy the complaints to the remaining companies, and indeed pursue legal action. You might want to post to LisaMc, she sought first to have all of her accounts shown as included in BK and accurately reported. She's been working on hers while still in BK and making payments. I didn't have the foresight or stamina to begin until after I was discharged. If you search on DanceRat, his letters were helpful to me in getting my head around what is required and not get lost in the minutia and in developing a strategy. I have the following sticky notes on my monitor lest I forget my mission -- information reported must be accurate, complete (every piece of it), updated and sometimes the most important -- verifiable. The other is, what I know or don't know is irrelevant, the burden of proof IS NOT MINE. I don't know if it's better to address before or after, I maintain it's never too early, I wish I had started while still in BK -- though your account information is likely more retrievable as payments are still being accepted. Sassy
Wow, thanks Sassy. There's a lot of good info here. I'm going to have to read this a few times and think on it!
That was a lot of snipping! I just HAVE to share, I am so thrilled, tickled, happy dancing, saluting with my coffee. Those 2 additional OC's that I mentioned above of Mr. Sassy's, new CR came in on Saturday... GONE DELETED ADIOS SEE YA BYE BYE DELETED I say, gotta LOVE that! Sassy
Congrats sassy! Having just "lost" my last 2 collection accounts on EX, I can certainly feel your joy. I hope to feel it AGAIN by the end of this week with TU! Now, if I could only get EQ to do their job. Again. happy, happy, joy, joy!
Thank you fave Butch dude! Thank you, LKH (and adding sayanara) Thank you, Smog (happy, happy, joy, joy -- LOL, oh NO, you have to watch Ren and Stimpy too?) Congrats to you too, Smog! I am GIDDY, they were so stubborn and irrational(Bank One and Cap One). Sassy
sassy, a big CONGRATS to you...a well deserved and hard fought vistory. I really think that there should be a section on this board devoted to how to deal with bks on your CRA reports. This subject comes up so often that people like yourself who have had success should collaborate and put together a well defined strategy. Thanks for all your great info....hope like p-doc you still are here even when your fico is 800! In appreciation. clc
Thanks clc and disputer!!!!!!! I'm still doing the happy giddy dance. Oh my gosh, clc, 800 me? I never in my wildest dreams dared to think it was possible. It is this board that has my gratitude and every poster, oh heck, I'm even thanking the trolls for their contributions today (the more outlandish the drama, the more exercise your brain cells get, LOL). Thank you, thank you, thank you! I LOVE this place. Sassy