06-11-2012 05:03 PM
I filed CH7 in September 2011 and discharged in May 2012. I'm in the rebuilding mode, and I've been checking my credit. Advanta was IIB and is reporting accurately on EQ and TU. However, it was reported as a charge off on Experian so I mailed in a dispute stating inaccurate history and that it was not charged off. Experian verified the account history and it is still listed as charged off as of December 2011. It is listed as 120 days late in Sept, 150 days late in Oct, 180 days late in Nov, and CO in December 2011. Isn't that a blatant violation? Since Advanta doesn't exist anymore, what is my next step?
I've searched online and it seems a lot of people are having issues with Advanta because they no longer exist. Therefore, sending a letter directly to the OC doesn't work. How can I tacke this? Can I sue? Any sample letters? Thanks.
06-11-2012 09:19 PM
If the "Charge Off" happend before the BK Discharge, it's reporting accurately and no amount of effort on your part is going to get it changed. Internally, the company charged off your debt before the court reduced the balance to zero and legally, they can report it as such.
The lates however, probably shouldn't be there, as there was an automatic stay on collection activity the moment you filed. On the other hand, they didn't report you as newly late, so this one's going to be a coinflip and depend on the judge (if you sue under the FCRA/BK code). More over, the MOST you'll get is usually around $1000 for the violation, and doing anything at this point is going to take hours of your personal time. Not worth the headache.
My personal opinion is to not waste time on charge-offs that happened before the BK discharge... it's the discharge date that actually matters to your CR. Try to get them corrected to IIB once or twice, then forget about them. Just follow the plan I have laid out in my other thread and get yourself to a 700 (+/-10pts) by May of 2014. Let it go and move on with your new credit life.
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