Question regarding creditor not wanting to update credit report

[Anonymous]

Does anyone have any tips or suggestions for me regarding a creditor refusing to update my credit report. I have one creditor that's a pain in my behind. They are reporting my loan 90 days late on our credit. The first payment was due AFTER our filing date. They are claiming that it's reporting correctly. I've disputed the account numerous times with each CB, sent the creditor a letter asking them to please update the reporting, and also filed a complaint with the CFPB due to the previous steps not having any results. They just responded to my CFPB claim stating again it's reporting correctly, and sent back their "proof" which was the list of creditors in my BK and their print out showing I have made no payments since I filed and how it's 90 days late. I'm sort of at a loss with what to do with them. We've never had any missed payments, and ESPECIALLY not any 30 day lates. I don't understand how they can keep coming back stating it's reporting correctly when it's not.

[0REDSOX7]

What type of lender is it?

This is one of those tricky situations in what the law allows as correct vs incorrect.  You say the first payment was due AFTER your filing date - but, depending on the type of loan - they actually may be correct.  Legally - they are allowed to continue the caedence of 30/60/90/120/CO IF, and I say IF, you were late on a payment BEFORE filing - so there is a bit of a gray area if you say the first payment was due AFTER you filed.

[Anonymous]

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@0REDSOX7 wrote:

What type of lender is it?

This is one of those tricky situations in what the law allows as correct vs incorrect.  You say the first payment was due AFTER your filing date - but, depending on the type of loan - they actually may be correct.  Legally - they are allowed to continue the caedence of 30/60/90/120/CO IF, and I say IF, you were late on a payment BEFORE filing - so there is a bit of a gray area if you say the first payment was due AFTER you filed.

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It's an installment loan, financed through Merchant's Acceptance out of Washington state.

The loan was signed on May 21, 2016, first payment was set to be made on July 21, 2016 however we filed Chapter 7 BK on July 5, 2016 (before the first payment was even due). I had brought it up to our attorney when we talked with him if we should wait till after the 90days had passed on this item since it was $1,500 or make the first payment and he told me no we didn't have to wait or make a payment, since the bankruptcy stay would be in effect. It was never our intention to file shortly after, just life events created us filing.

This is why i'm so confused as to how they can say it's even "correct" since we filed WAY before the first payment was even due. They haven't asked for the merchandise back, if they wanted it we would glady return it. Instead it seems as if they're being buttheads and dinging our credit. These 3 lates have made our points go down 50 points each!

[Anonymous]

Update on the situation, not really sure what to do with it. I did contact our attorney. The creditor called me today as they had gotten the discharge paperwork today as well. Said they got my letter asking them to please update my credit report, but are not going to do so unless I agree to repay the item. I absoluetly will not agree to re pay the item, and honestly with how they're being they will need to get a court order and the sheriff to pick it up from my house at this point.

So what is the next step, I have it on recording her stating they will not update my credit to delete lates, or the account untill I pay them. I already filed disputed and the consumer complaint, what is the next step if they still refuse after speaking with my attorney?

[Scupra]

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@Anonymous wrote:

Update on the situation, not really sure what to do with it. I did contact our attorney. The creditor called me today as they had gotten the discharge paperwork today as well. Said they got my letter asking them to please update my credit report, but are not going to do so unless I agree to repay the item. I absoluetly will not agree to re pay the item, and honestly with how they're being they will need to get a court order and the sheriff to pick it up from my house at this point.

So what is the next step, I have it on recording her stating they will not update my credit to delete lates, or the account untill I pay them. I already filed disputed and the consumer complaint, what is the next step if they still refuse after speaking with my attorney?

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Talk to lawyer and sue!!!!!!! As I am sure you know from your experience, this is a huge NO NO

[Anonymous]

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@Scupra wrote:

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@Anonymous wrote:

Update on the situation, not really sure what to do with it. I did contact our attorney. The creditor called me today as they had gotten the discharge paperwork today as well. Said they got my letter asking them to please update my credit report, but are not going to do so unless I agree to repay the item. I absoluetly will not agree to re pay the item, and honestly with how they're being they will need to get a court order and the sheriff to pick it up from my house at this point.

So what is the next step, I have it on recording her stating they will not update my credit to delete lates, or the account untill I pay them. I already filed disputed and the consumer complaint, what is the next step if they still refuse after speaking with my attorney?

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Talk to lawyer and sue!!!!!!! As I am sure you know from your experience, this is a huge NO NO

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I just located in NOLO that they are currently in violation of the FCRA, and they are violating the BK Discharge Injunction. Hopefully my attorney has some balls and is willing to go after them, if not I know of one in town who makes lal their business suing crecitors/collection agencies for violating BK ruilings.

[Scupra]

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@Anonymous wrote:

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@Scupra wrote:

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@Anonymous wrote:

Update on the situation, not really sure what to do with it. I did contact our attorney. The creditor called me today as they had gotten the discharge paperwork today as well. Said they got my letter asking them to please update my credit report, but are not going to do so unless I agree to repay the item. I absoluetly will not agree to re pay the item, and honestly with how they're being they will need to get a court order and the sheriff to pick it up from my house at this point.

So what is the next step, I have it on recording her stating they will not update my credit to delete lates, or the account untill I pay them. I already filed disputed and the consumer complaint, what is the next step if they still refuse after speaking with my attorney?

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Talk to lawyer and sue!!!!!!! As I am sure you know from your experience, this is a huge NO NO

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I just located in NOLO that they are currently in violation of the FCRA, and they are violating the BK Discharge Injunction. Hopefully my attorney has some balls and is willing to go after them, if not I know of one in town who makes lal their business suing crecitors/collection agencies for violating BK ruilings.

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Such an easy win for any lawyer. Clearly violating BK laws! Hopefully you get an easy $1k and the creditor learns their lesson