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OK I am Completely lost as to what to do!

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inkedstl
Member

OK I am Completely lost as to what to do!

I filed my BK 3/21/14 it was discharged in 6/13. I have found a CA that has reported negatively on my CR since the discharge, they on 5/12/14 were asked to correct the account meaning to close it and put it IIB. they updated as of 5/30/14 showing zero balance however they are not willing to update the date to the discharge date.  They bought the debt in 10/2011 from the original granter (medical bill). I just called them and asked that they correct the date to no avail yet again today. I need advice and what statutes they are in violation of so i know where i stand and what rights i have.

CH 7 discharged 7/13 EQ 545 TU 528
7/3/14 EQ 638
TU via Cred1 611, TU 688
EX 668
CK 638
barclay FICO 637
Message 1 of 8
7 REPLIES 7
ezdriver
Senior Contributor

Re: OK I am Completely lost as to what to do!

Consult your attorney. Creditors are required to report IIB with zero balance.

Message 2 of 8
inkedstl
Member

Re: OK I am Completely lost as to what to do!

the problem is date closed of account being 11 months past my discharge date. Honestly i used a BK mill that doesn't do jack squat for me and is a mess.

CH 7 discharged 7/13 EQ 545 TU 528
7/3/14 EQ 638
TU via Cred1 611, TU 688
EX 668
CK 638
barclay FICO 637
Message 3 of 8
ezdriver
Senior Contributor

Re: OK I am Completely lost as to what to do!

As long as it is reporting IIB with zero balance, you are unlikely to get any further change done nor does it really matter. Focus of rebuilding your credit profile for the future.

Message 4 of 8
StartingOver10
Moderator Emerita

Re: OK I am Completely lost as to what to do!


@ezdriver wrote:

As long as it is reporting IIB with zero balance, you are unlikely to get any further change done nor does it really matter. Focus of rebuilding your credit profile for the future.


EZ I disagree slightly.

Having a collection with a date subsequent to the discharge date could negatively impact the OP potentially if he were to have any sort of manual underwriting for a car or house loan in the future. IMO I think it could be a violation of the discharge injunction by not reporting the TL correctly with the right date.

 

OP first write the collectons agency to have them correct the date. If they don't try reporting them to the CFPB. If that doesn't work, then see if a consumer attorney will take on your case.  I suspect that if your letter is strong enough and mentions the violatiom of the discharge injunction by the CA they will either correct it or delete it - either way is good for the OP.

Message 5 of 8
ezdriver
Senior Contributor

Re: OK I am Completely lost as to what to do!

This is where having a bankruptcy attorney [who is willing to help the client after discharge] is a good thing. I have seen many post here about problems getting creditors/collection agencies to update their tradelines to match discharge date. Good luck with that ... but I still don't think that it matters. The discharge date of the debt is the most important element for any underwriter. That said, I won't ever say it is impossible to get the creditor/collection agency to do one's bidding. Keep fighting it if you wish but don't be surprised and frustrated when it does not happen. By all means, file complaints.

Message 6 of 8
inkedstl
Member

Re: OK I am Completely lost as to what to do!

filed a complaint with CFPB today. we will see how long it takes. 

CH 7 discharged 7/13 EQ 545 TU 528
7/3/14 EQ 638
TU via Cred1 611, TU 688
EX 668
CK 638
barclay FICO 637
Message 7 of 8
ezdriver
Senior Contributor

Re: OK I am Completely lost as to what to do!

Good that you did that. I am very interested to see how this turns out so please post an update. It will be appreciated.

Message 8 of 8
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