Threatening the CRA's with a l

Discussion in 'Credit Talk' started by Chet, Feb 20, 2001.

  1. Chet

    Chet Well-Known Member

    I am formulating a letter to Experian to delete my Bankruptcy. They are reporting my Chapter 7 from 1992, as a Chapter 11.

    In my rough draft, I stated that if they do not completely delete this inaccurate information, then I shall pursue further steps to see that Experian is held liable for reporting such seriously inaccurate information.

    Anyone have any ideas whether or not this is a good idea (to threaten to sue)?
    Will something like this cause Experian to red flag?

    Or does it make no difference, and they'll probably ignore it?


  2. Newcomer

    Newcomer Well-Known Member

    RE: Threatening the CRA's with

    I am part of a class action lawsuit now that names the CRAs as codefendents. The main thing is, if you go into litigation with them, they will no longer communicate with you directly and you can't communicate with them. All communications is between the lawyers on both sides. Equifax went as far as to remove my report so that no creditors could pull it, and my lawyer had to basically threaten them to have them put it back online because I was trying to obtain a mortgage loan. However, once I started disputing things through my lawyer, I seemed to have more leverage.
  3. me

    me Well-Known Member

    be a nice guy

    type a polite letter, keep it short, mention all the facts, DON'T THREATEN ANYTHING, and fax it to:
    Ann Sterling,
    Senior Counsel
    fax 714-938-2513

    come back and let us know how it works.
  4. mba

    mba Well-Known Member

    The class action

    What is the caption of the lawsuit? What court is it in? What is the CRAS' conduct that the lawsuit complains about?
  5. Hal

    Hal Well-Known Member

    RE: be a nice guy

    In addition to being polite (Adult) about the matter. You did file bankruptcy, and although the chapter is reported, a bankruptcy is a bankruptcy. If you do pursue this in court, any competent judge will require they correct the reporting but it won't change the fact that you filed and it will still appear on your report.
  6. me

    me Well-Known Member

    disagree with Hal

    The FCRA requires a CRA to remove a ch 7 BK after 7 years. It has been circa 9 years. If Experian does not remove the item when you first challenge it, you could have potentially huge damages, as bad credit can lead to denial of a job, housing, as well as credit.
  7. Hal

    Hal Well-Known Member

    RE: disagree with Hal

    An excerpt from US Code: Title 15, Chapter 41, Subchapter III, Sec. 1681c.

    Requirements relating to information contained in consumer reports

    (a) Information excluded from consumer reports Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:

    (1) cases [1] under title 11 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.
  8. me

    me Well-Known Member


    yes Hal, a ch 11 BK can be listed for 10 years, and a ch 7 BK for 7 years.
    Since he has a ch 7 BK, they can't list it anymore. They continue to list it because they mistakenly think it is a ch 11 BK.
  9. Hal

    Hal Well-Known Member

    RE: disagree with Hal

    Sorry, forgot to mention that US Code: Title 15, Chapter 41, Subchapter III, Sec. 1681c is the Fair Credit Reporting Act.
  10. Hal

    Hal Well-Known Member

    RE: duh...

    Actually the law does not differentiate between different bankruptcy chapters when it comes to reporting. The "11" in Title 11 does not refer to the chapter of bankruptcy.
  11. me

    me Well-Known Member

    RE: duh...

    of course it does. "The Bankruptcy Act" mentined above is listed in title 11 of the USC.

    Sections of the statute are cited
    11 USC...
    rather than 7 USC
    (just as you cited part of title 15 of the US Code)
  12. LKH

    LKH Well-Known Member


    a chapter 7 bk will be listed for 10 years.
  13. Hal

    Hal Well-Known Member

    RE: duh...

    Okay, one more response:


    The actual bankruptcy statute. If you review it line by line the different chapters are listed 7, 11, 13 for types of bankruptcy. There is not a provision regarding credit reporting time as this is covered in:

    15 USC COMMERCE AND TRADE, Chapter 41 Consumer Credit Protection, subsection 1681c, paragraph (a) - Cites 11 USC because that is the USC for Bankruptcy, there is NO provision anywhere in either code that indicates a bankruptcy report must be removed after 7 years.

    One CRA will often remove the report at around 7 years, but it can be readded and can remain for up to 10 years.

    ****I was employed for 7 years as a paralegal with a bankruptcy law firm.

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