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12-03-2008, 12:03 AM
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#1 | | New Member
Join Date: Apr 2008
Posts: 13
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Hey all,
Another question. Some items are showing on my credit reports that were not showing before. Accounts that were included in my BK (Chapter 7 filed in 2004 discharged in 2005) have shown up as 90+ days late after I filed, and after the discharge. One is showing Jan 2006, another as recent as Sept 2007. Also, some are showing DOLA as Jun 2008. How can they update the date of last acitivity if I haven't made a payment? Should I dispute it? If I dispute it am I able to have the whole item removed? One of these I think is a collection agency trying to collect on what I filed BK on, but there is no other information listed. I have read that changing the DOLA is illegal and should be reported to the FTC. Any ideas or opinions? I think that them changing the DOLA is dinging my credit score and I am working very hard on bringing my score up. Thank you!
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| | | | Re: Date of Last Activity
12-03-2008, 04:58 PM
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#2 | | Administrator
Join Date: Nov 2004 Location: Greater DC area
Posts: 7,798
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Do you have reports from the individual bureaus or a 3-in-1 report? The 3-in-1s don't always show things the way they're shown on the individual reports because they all have to be fit into the same template.
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| | | | Re: Date of Last Activity
12-03-2008, 10:53 PM
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#3 | | New Member
Join Date: Apr 2008
Posts: 13
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No I ordered them individually. Not all three are reporting this way. Equifax is reporting the DOLA incorrectly for a department store card that was included in the BK, with the 90+ days late after the BK and a different collection account for a cell phone that was trying to collect after the bankruptcy.
Experian is showing two accounts that were included in the bk, stating I was 90 + days late after the bk. They also show the same collection agency trying to collect for the cell phone included in bk twice. (Both dates show 90+ days late after bk).
Trans Union is showing the same collection account for the cell phone bill listed in BK. All three reports show Bureau of Collection Recovery. Everything else on there is true.
I don't know why they are able to list this if it was included in BK, and I just want all of it removed if possible. Especially the accounts that were listed in the BK, if they are reporting incorrectly with the 90+ days late after BK, is that grounds to have it removed?
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| | | | Re: Date of Last Activity
12-04-2008, 06:02 AM
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#4 | | If You Do Not Like It, Kiss My...
Join Date: Nov 2004
Posts: 5,754
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They can list the accounts, even if they were included in the BK. They cannot report you 90+ days late on a date after the filing of the BK. If you were 90+ days late at the time of the filing, then they can report that. IOW, "Included in BK 90+ days late".
If they are reporting incorrectly, they either have to correct the reporting or remove it.
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| | | | Re: Date of Last Activity
12-04-2008, 04:54 PM
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#5 | | New Member
Join Date: Apr 2008
Posts: 13
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Aha! They listed it 90+ days later after the bk filing. I filed in 2004, and they listed it in 2006, 2007 and some in 2008. Now of course, I would love to have them completely removed. Is the decision up to them as to whether to remove the item/ or updated with correct information, or do I sent in what I would like done with it when reporting the inaccuracy? I would assume they would make the decision, but it doesn't hurt to ask right?
Now with the items that are listed as collections for the items included in BK, can those be completely removed since they are not able to collect after the bk?
You guys are awesome, and I really appreciate all of your help! I got up to 618, then the score dropped to about 570 average with a few of these "collections" that are trying to collect the debt from a bk. I have been paying all my post bk accounts on time, and am keeping my credit balances under 10% when I use them. Thank you again.
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| | | | Re: Date of Last Activity
12-04-2008, 05:19 PM
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#6 | | If You Do Not Like It, Kiss My...
Join Date: Nov 2004
Posts: 5,754
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Yes, the decision is pretty much up to them. They only have to report 100% accurate information. If they can do that, then they do not have to delete.
I would DV the collections that were IIB, and dispute with the bureaus at the same time.
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| | | | Re: Date of Last Activity
12-04-2008, 05:55 PM
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#7 | | HONORED GUEST
Join Date: Jul 2006
Posts: 1,129
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Originally Posted by jlynn Yes, the decision is pretty much up to them. They only have to report 100% accurate information. If they can do that, then they do not have to delete.
I would DV the collections that were IIB, and dispute with the bureaus at the same time. | Seems to me that by reporting the way they did would have violated the BK stay. I'd use that as leverage to get the tradeline removed.
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| | | | Re: Date of Last Activity
12-05-2008, 01:08 PM
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#8 | | New Member
Join Date: Apr 2008
Posts: 13
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Thank you Gib! It won't hurt to request to get it off completely!
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| | | | Re: Date of Last Activity
12-08-2008, 06:30 AM
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#9 | | Member
Join Date: Oct 2007
Posts: 64
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I just went through this with a Cu that I IIB. They were reporting 90 days late post BK. I sent a very strongly worded letter to them stating upon my return to the USA, that I was reopening my BK and would file for BK violations on the representative AND the CU for violating my stay. I got an email back confirming that they indeed were reporting incorrectly and verified the information. I politely thanked them for verifying this and told them that I was reopening my BK and I would see them in court.
The next day it went ***POOF*** and the complete tradeline was gone. If I were you I would contact my BK attorney and have him fire off a nasty gram to the OC's CRA's and CA's for violating your BK and let them know he will reopen the case to file sanctions. The OC's who sold of that discharged debt need to be held liable and accountable for their actions.
HTH.
Ian. Quote:
Originally Posted by themixxxologist Hey all,
Another question. Some items are showing on my credit reports that were not showing before. Accounts that were included in my BK (Chapter 7 filed in 2004 discharged in 2005) have shown up as 90+ days late after I filed, and after the discharge. One is showing Jan 2006, another as recent as Sept 2007. Also, some are showing DOLA as Jun 2008. How can they update the date of last acitivity if I haven't made a payment? Should I dispute it? If I dispute it am I able to have the whole item removed? One of these I think is a collection agency trying to collect on what I filed BK on, but there is no other information listed. I have read that changing the DOLA is illegal and should be reported to the FTC. Any ideas or opinions? I think that them changing the DOLA is dinging my credit score and I am working very hard on bringing my score up. Thank you! | |
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