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JMHO, but I wouldn't give them a second courtesy letter, I would file the AG, BBB and FTC complaints, print them out and include them with a big fat ITS. If you send them yet another courtesy letter, you're simply prolonging the agony and, quite possibly, wasting ink, paper, stamps, envelopes and, most of all, time. You've sent them one courtesy letter and if they can't read, why should that be your problem?
1. File FTC complaint on OCs
2. File complaint with AG & BBB on OCs
3. ITS to each of the CRAs with a copy to their legal counsel & RA
I am prepared to go to court so the ITS letters will not be a bluff.
Anything else I should be doing? Any suggestions on how to get these things corrected and/or removed, with removal being the best option.
sidewinder wrote:Accounts included in BK will remain for 7 years from the date they were reported as being included in BK. This could be the reason for the DOFD being different.I've never experienced this situation, so I could be wrong.I can move your thread over to the BK forum or you can ask over there if accounts that were already delinquent will have a new DOFD once included in BK.Let me know if you'd like me to move it.
§ 605. Requirements relating to information contained in consumer reports
[15 U.S.C. §1681c](a) Information excluded from consumer reports. Except as authorized under subsection (b)
of this section, no consumer reporting agency may make any consumer report containing
any of the following items of information:
(1) Cases under title 11 [United States Code] or under the Bankruptcy Act that, from the
date of entry of the order for relief or the date of adjudication, as the case may be,
antedate the report by more than 10 years.
What exactly does this mean?
Noah_Bodie wrote:DOFD does not matter in a BK. It's the DOA, or Date Of Adjudication, that matters.§ 605. Requirements relating to information contained in consumer reports
[15 U.S.C. §1681c](a) Information excluded from consumer reports. Except as authorized under subsection (b)
of this section, no consumer reporting agency may make any consumer report containing
any of the following items of information:
(1) Cases under title 11 [United States Code] or under the Bankruptcy Act that, from the
date of entry of the order for relief or the date of adjudication, as the case may be,
antedate the report by more than 10 years.
Noah_Bodie wrote:DOFD does not matter in a BK. It's the DOA, or Date Of Adjudication, that matters.§ 605. Requirements relating to information contained in consumer reports
[15 U.S.C. §1681c](a) Information excluded from consumer reports. Except as authorized under subsection (b)
of this section, no consumer reporting agency may make any consumer report containing
any of the following items of information:
(1) Cases under title 11 [United States Code] or under the Bankruptcy Act that, from the
date of entry of the order for relief or the date of adjudication, as the case may be,
antedate the report by more than 10 years.
adamseve wrote:I can see how this would make sense with the actual BK, but not the IIB accounts if they were delinquent prior to the filing and were never caught up which was my case. The BK didn't case the delinquency...the delinquency caused the BK.
For example, one IIB account went delinquent and stayed that way prior to the BK in 6/03. So, if we filed in 9/04 this account would fall off 1 year sooner if the DOFD is used instead of the filing date of the BK. Am I making any sense?
Noah_Bodie wrote:
adamseve wrote:I can see how this would make sense with the actual BK, but not the IIB accounts if they were delinquent prior to the filing and were never caught up which was my case. The BK didn't case the delinquency...the delinquency caused the BK.What dates are you ready to go to court over, because it does not sound like anything is reporting incorrectly.What date or dates do you believe are wrong? What are they? What do believe they should be?