Help - Re-inserting of previously deleted BK info on my file

[BobbyJ]

Hello,

I had a Chapter 13 that was discharged in April 2008.  I filed it back in April 2003.

My credit reports were clean of the BK and all the accounts as of April 2010. 

Included in my BK was a credit union for a car loan I had with them and the secured amount was paid but there is an unsecured amount for $1800 that was not paid.

That same credit union is now reporting that amount which has been inflated to $3100 as a charge off on my credit report.  They are also reporting it with a date of 5/2006 which I believe is incorrect.  I have disputed this same item with the credit union and Equifax and they continuously come back with verified.  I have also provided them with my BK documents and it doesnt seem to help.

Can anyone tell me what I should do next to get this removed since it was included in my BK back in 4/2003?

Thanks in advance.
BJ

[IOBA]

Someone else may have a better suggestion(s).

Contact the credit union and tell them you are confused.   Ask them to help you understand how they calculated a charged off balance of $3100.  Ask them to send you the papers that helped them arrive at the amount/a detailed account statement.  They should provide this, no charge.

The $1800 that was not secured, and not paid -- what did that come from?  Late fees?

Is this something you could pay?  Should pay?

Once you have the understanding of how the credit union came to the charged off balance of $3100, ask them if a mistake was made since the auto loan was included in the BK.

Usually, if you are nice, they will help you "understand" what happened and maybe discover a "mistake" was made.  The most important thing, in my opinion, is to come across as a quiet, non-accusing, curious, understanding person.   Whether they screwed you on purpose or not, you still need to let them save face.

Good luck!

[BobbyJ]

Thanks IOBA,

I have tried dealing with the CU on this and they say I have to deal with my attorney or the BK Trustee.  I called my old BK Trustee's office and they told me they dont have anything to do with this so I will have to continue to fight with Equifax to get this removed.  I have a problem with the reporting date and the fact this this was included in my BK so it really should be removed considering the negative info regarding my past BK was removed from my file back in April 2010.

BJ

[IOBA]

Check your email (PM) on this site.

[IOBA]

1.  What CU is it?

2.  What was the $1800 unsecured amount for?

3.  Do you feel like you owe the amount?

4.  Can you pay this amount?

[Anonymous]

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@IOBA wrote:

1.  What CU is it?

2.  What was the $1800 unsecured amount for?

3.  Do you feel like you owe the amount?

4.  Can you pay this amount?

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I don't believe it matters if he can pay or if he feels like he owes the amount.

If the CH 13 BK was discharged rather than dismissed, the proper amount owed is $0 and that is what they should report on the CR.

[BobbyJ]

UPDATE:   I called my former BK lawyer's office and explained the situation to them and what Cabrillo CU was doing and they said that they were in violation of the BK discharge order and they sent them a letter to have them stop illegally reporting the negative information on my credit file.

Everything was properly discharged through the BK and they have no right to report any type of information any longer to any credit bureau.

Thank Goodness!!!!

[Anonymous]

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@BobbyJ wrote:

UPDATE:   I called my former BK lawyer's office and explained the situation to them and what Cabrillo CU was doing and they said that they were in violation of the BK discharge order and they sent them a letter to have them stop illegally reporting the negative information on my credit file.

Everything was properly discharged through the BK and they have no right to report any type of information any longer to any credit bureau.

Thank Goodness!!!!

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Good work!  Just for those who may be reading the post - you can send these letters yourself if it saves you an attorney's fee.  Usually just a billing glitch (whether computer or human), but it's unnerving.  The letter is a great wake-up call for the creditor.