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New Member
Curious21
Posts: 3
Registered: ‎10-24-2012

Fair Credit Reporting Act

Can a creditor that was discharged in a chapter 7 bankruptcy over two years ago post a charge off to your credit report?  Also, can that same creditor pull (hard hits) your credit report three times within a month? 

Valued Contributor
chasmith
Posts: 1,059
Registered: ‎05-26-2010

Re: Fair Credit Reporting Act

The creditor's reporting is frozen as of filing.  If it wasn't charged off then they can't change the reporting, or show a status date later than the BK discharge.  Credit reporting is collection activity in violation of the permanent stay.

 

It's a little less clear to me what the status of the inquiries is.  They are no longer a creditor because of your discharge, so what is their (alleged) permissible purpose?  Even if you still owed them these should be accounts management (soft) inquiries not hard inquiries.  But I'm not sure how you can force the CRAs to fix this, but I would definitely NOT do an online dispute.  A written dispute CMRRR might get more attention, although they hate to deal with removalk of inquiries.

 

My BK lawyer was willing to advise on situations like this at no charge, and if cause for a suit arose sue the creditor on a contingent fee basis.  Did you have a BK attorney and what do they say?

BK7 Filed 8/11/2009 Discharged 11/23/2009. Purchased new home 4/11/2012
Starting Score:11/16/2009 EQ 566 11/16/2009 TU 538
Interim Score: 12/27/2012 EQ 683 09/17/2012 EX (lender) 670 1/01/2013 TU 701
Current Score: 11/06/2013 EQ 708 11/06/2013 EX 702 11/16/2013 702 11/06/2013 TU 729
Goal Score: EQ 740 EX 740 TU 740
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New Member
Curious21
Posts: 3
Registered: ‎10-24-2012

Re: Fair Credit Reporting Act

Thank you for the response.  One of my credit card companies changed the reporting to a Charge Off in the month I filed for bankruptcy that is May of 2010; however, they just changed it last month.  I am sending a written dispute to Experian showing that they did not report this previously and should not be able to change it this year, even though they are trying to show it in May of 2010.  Not really sure if it will make an impact on my credit report but my payments were never late prior to filing bankruptcy so they would not literally be charging off the debt.

 

With regards to the creditor pulling my credit report, they are hard hits and they are posted from the Collections Dept.  Yes, I know they cannot collect from me and I agree they are not permissible pulls.  I wrote them a letter and sent it certified mail indicating this and telling them they have 21 days to remove the inquiries from my credit report or I will file a civil suit.  I did this on my own and I did have a bankruptcy attorney so I guess I will follow up with him if they do not follow through.  They made my score drop 37 points.  I get a credit report and score every month and this was the only thing that had changed since the prior month.  I am also going to write a dispute to Experian to see if they can do anything as well.

 

Wish me luck!

Member
4thmouse
Posts: 31
Registered: ‎10-24-2012

Re: Fair Credit Reporting Act

[ Edited ]

chasmith wrote:

The creditor's reporting is frozen as of filing.  If it wasn't charged off then they can't change the reporting, or show a status date later than the BK discharge.  Credit reporting is collection activity in violation of the permanent stay.

 


Hello, Are you sure it isn't the date of discharge. I can't seem to find any law, case law, or anything that states specifically that the creditors report is frozen date of filing. For that matter I can actually find anything law wise that says they can't report after discharge.

 

If you can point me to something that states the date of filing is when they can't report it would be awesome. I have 3 creditors that report 60, 90, CO between and the reporting starts the very month I filed. Annoyingly enough, These were creditors that I actually didn't stop paying until the very day I filed, Like an idiot I didn't keep the statements.

 

 *Edit, Acutally TU and EQ are reporting correctly, I just need some ammo to take on Experian.

 

New Member
Curious21
Posts: 3
Registered: ‎10-24-2012

Re: Fair Credit Reporting Act

Hi.  You don't need any ammo, my creditors were reporting 30, 60, 90 days late as well.  I filed an on line disupte and indicated no payments ever late and then put in the comments section that I filed bankruptcy in May of 2010 and am protected under the automatic stay law.  The lates were changed on my credit report.  I too paid up until the time I filed and all the late's have been removed.  I am now filing a written dispute with regards to the charge off because they just recently changed that reporting; however, they changed the reporting on the May 2010 date but it was changed just this year.  So wish me luck on that one.  I am including in my dispute, prior credit reports that show they were not reporting a charge off.  Good luck!


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