Experian Vs. AES Student Loans... Do I need a lawyer?

[Creditaddict]

BK filed 04/2007

Dismissed 02/2010

AES Marked 2 student loan accounts included in BK and transferred.

Now it started reported included in BK 2009

Experian says without paper work from AES saying the account was included in my 2007 bk they would not fix it or dispute it again.

So AES can report wrong and I can provide you proof that the accounts was in bk 2007 but you won't dispute or correct my credit reports because they won't provide mew paperwork? Oh and you don't understand why AES wouldn't provide you that proof either?!!! ME either so how do we fix this??? "well sir you would have to get AES to agree with you otherwise we can't do anything" SAY WHAT?!!!

[SoulMaster]

#1.  Was your BK dismissed or discharged?  Big differences there.

#2.  I'm guessing (based on the dates) that it was a 13?  If so, do you have a copy of your 13 plan that includes the AES loans as an included creditor?

-SM

[Creditaddict]

---

@SoulMaster wrote:

#1.  Was your BK dismissed or discharged?  Big differences there.

#2.  I'm guessing (based on the dates) that it was a 13?  If so, do you have a copy of your 13 plan that includes the AES loans as an included creditor?

-SM

---

The BK was Dismissed which I understand the difference and I have had a couple accounts come back after me due to now not being under protection for the now 1 year left for collecting. I have delt with those accounts already and pretty much all is okay. The issue is these 2 AES accounts were NEVER late, not included in the bk, etc. etc.

according to AES BK law allows them to sell the account off and report "included in bk as a negative" but the account does not show lates or any of that and it went over to whatever company i pay currently and I continued to pay them $50 a month while in BK... they were not allowed to call me, send me statements, or ask me for payments or report negatives etc. during bk... but we are talking about $2400 back in 2007, they are about $1400 now I think.

I gave up a long time ago trying to dispute the fact that student loans are not bk elegible and they are not on my sheet of accounts included, but they have always said they can report it in bk.... however just like this week the account was reported as new status 2009! that is not the original bk of 2007 and it is not the dismissed date of 2010 so I'm like Im not even sure why this is a discussion with either Experian or AES but it's not only a discussion it's been a flat out we can't help you from Experian.  Now unlike other accounts like the Capital One I recently settled, this account was SOLD in 2007, no lates... just showing in BK so therefore when I came out of bk in 2010 they are not able to start reporting the account again like Capital One.

Becuase like I said they sold it in 2007 and updated sold $0 balance in 2007... all info on that account should show 2007 and be scheduled to be deleted in 7 years.

I am currently looking for my bk schedule, Experian will not give me straight answer that if I show the account is not in my bk, is not late, etc. etc. that they will delete the accounts or if they will dispute again or if I still have to get AES to agree with my statements and findings.

AES already refused to send me letter showing deliquency in 2009 when they sold the account in 2007 but the guy I spoke with literraly was repeating myself about a deliquency and my fault do to BK before I would even stop talking.... Lets talk slow, I'm not disputing the bk and the account being included ( I don't think it should be reported but at this point it's so hold I don't care) I am just disputing that AES reported an account in 2009 when they don't even own it since 2007... that was not in his mind track to even think, he would just go back to saying it's a bk and it's delinquent and we will continue to report for 7 years.

yes 7 years from 2007, you are currently reporting 2009, nope again like I said..... 

When he finally went and talked to manager and came back saying he could give me address to send my EX report to prove that they reported 2009 vs 2007 he still was telling me about delinquent and I'm mad and wasting time trying to get something reported the way "I WANT" which won't happen because it's not correct... okay Im ready to write the address, can I have that.... "All I can do is give you the address to write in but we are just going to verify what we have" Okay let me have the address... "You can't just dispute because you think you are right.... SHUT UP AND GIVE ME THE ADDRESS!!! (and yes I'm sorry I yelled and I did tell him to shut up but this is 45 minutes into the call and 5 minutes after he said he could give me address but he was already back in the mind set of the first part of conversation and I guess he was so sure I was going to argue more it wasn't even registering in his mind that I was asking for address not argueing and he would start his circle of conversation again.

I just really have not been told by EX before that they will not accept my proof to delete something if the company says the information is correct and doesn't have to proof it... which I found out from EX, the law currently does not require a company to send in proof of a claim of incorrect reporting by a consumer according to last guy... Why would they even have a dispute process if it's edged on the company vs consumer???

I'm just so confused by it all now...

[SoulMaster]

Ok.

I get your frustration.  Here's what I would do personally, if I were in your shoes. This is NOT legal advice (see my sig), it's simply what I would do. (this is why I wrote it in 1st person, too)  

1. I'd stop calling the CRA, because I'm only going to talk to some $8/hr moron who can't help me anyway.  It only adds to my frustration.
2. I'd do an in-writing, full-validation via the FCRA /CMRRR method on the account.
3. When the CRA fails to validate, in full, in writing, I'd send a second letter notifying them of the violation and get it popped.
4. If that fails, I'd do a full validation FCRA / CMRRR dispute with the OC (I could have done this first, I just prefer to make the CRA do the work)
5. If they don't update it to the corrected information, I'd probably contact an attorney about suing someone for an FCRA violation and collecting the $5000 that's probably owed to me from each party. (And get it removed that way, too)

If I were smart, I'd probably contact the attorney I'd used for step 5 before I started step 2, and CC them on all correspondence so that they could document it, too.  Because, I'd remember that NOTHING that a CRA or OC says on the phone is legally binding... it all has to be in writing (and/or documented) to be admissable, especially in an FCRA case.

I'd also remember that while no agency is required to report anything... if they do report negative info, it MUST be valid an accurate.

Anyhow, like I said, none of that is legal advice, it's simply an accounting of what I would do if I believed that an account on my CR was reporting wrong.

-SM

[SoulMaster]

Oh, BTW, depending on your state/district, you might just find that the courts are edged on the consumer rather than the company.  That's the ultimate in disputing!

[Anonymous]

Sorry - I got lost somewhere in there......

Your student loan was IIB?

Was not IIB?

Was not IIB and then sold?

Was IIB and then sold?

Part of my confusion arises from the fact that, IMU, student loans would be typically be paid through the CH 13 BK during the term of the BK, and then any remaining balance (and accumulated fees) would be paid in full after the BK.

Thanks for clarifying...

[Creditaddict]

---

@Anonymous wrote:

Sorry - I got lost somewhere in there......

Your student loan was IIB?

Was not IIB?

Was not IIB and then sold?

Was IIB and then sold?

Part of my confusion arises from the fact that, IMU, student loans would be typically be paid through the CH 13 BK during the term of the BK, and then any remaining balance (and accumulated fees) would be paid in full after the BK.

Thanks for clarifying...

---

Wow, Actually found my Original Schedule for the Ch 13. This is what follows:

B. Curing Defaults and Maintaining Payments on Mortgages and other secured debts.

1. Payment by Debtor. The Debtor shall pay each claim listed below, except any prepetition arrearage, by making payments direcly to the credit according to the underlying contract.  Except as otherwise provided in the plan, any allowed claim for prepetition arrearages shall be paid through the plan in equal monthly payments until the amount of the arrearage as set forth in the Creditor's proof of claim has been paid in full.

American Education Services - Studen Loan  Estimated amount of Arrearage = $0  Monthly payment on arrearage  - $0.

Later under Schedule F Creditors holding unsecured nonpriority claim -  Anmerican Education Services is listed as studen loan with balance of $1,737.17

I made $50 payments before the BK, during the BK, and currently still making $50 payments... at some point they just moved my payments over to the new owners and that was that.