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Member
Tricky3
Posts: 15
Registered: ‎05-10-2012
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Reposting here, Auto Loan after 2006 IIB Dates/Payment History

hi,

 

I delcared BK June 2006 and one of my items, a Auto Loan with TruWest was covered but I continued to make payments until I traded it in (my new loan is actually with this TruWest too).  However on my Experian Report is it showing all my payments that I made (being ontime) until September 2010.  Also the "Date of Status" is July 2012 and under the payment history there is a section entitled, Account History: "with the status of "Debt included in Chapter 7 Bankruptcy on July 13, 2012

 

My other three items under BK have no updated information *at all* since "June/Sept 2006".  It seems that this acount is killing my score and TruWest is standing by their information they are reporting.  Should this account also be frozen in time since June/Sept 2006 too?

 

I find it somewhat unfair that on a loan that I was never late on, continued to pay until it was paid off (by a trade-in) after my BK that this is seen as a very current negative account.  All I get is, talk to the other guy, information is correct.  Everytime I try to have it update back to 2006, it seems the current dates/status just gets set to be more current.

Member
Tricky3
Posts: 15
Registered: ‎05-10-2012
0

Re: Reposting here, Auto Loan after 2006 IIB Dates/Payment History

I think this post is simlar to mine but with a mortage. 

 

http://ficoforums.myfico.com/t5/Bankruptcy/HELP-Didn-t-reaffirm-mortgages-making-payments-monthly-up...

 

So am I correct after filling/discharge no other updates are allowed  - even for ontime payments or pay offs?  Frozen in time around the time of discharge - in my case 2006?

Valued Contributor
chasmith
Posts: 1,062
Registered: ‎05-26-2010
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Re: Reposting here, Auto Loan after 2006 IIB Dates/Payment History

[ Edited ]

Tricky3 wrote:

hi,

 

I delcared BK June 2006 and one of my items, a Auto Loan with TruWest was covered but I continued to make payments until I traded it in (my new loan is actually with this TruWest too).  However on my Experian Report is it showing all my payments that I made (being ontime) until September 2010.  Also the "Date of Status" is July 2012 and under the payment history there is a section entitled, Account History: "with the status of "Debt included in Chapter 7 Bankruptcy on July 13, 2012

 

My other three items under BK have no updated information *at all* since "June/Sept 2006".  It seems that this acount is killing my score and TruWest is standing by their information they are reporting.  Should this account also be frozen in time since June/Sept 2006 too?

 

I find it somewhat unfair that on a loan that I was never late on, continued to pay until it was paid off (by a trade-in) after my BK that this is seen as a very current negative account.  All I get is, talk to the other guy, information is correct.  Everytime I try to have it update back to 2006, it seems the current dates/status just gets set to be more current.


I had problems after my discharge with creditors updating status monthly so making the IIB appear fresh.  You have added complications since, if I understand correctly, you filed BK and included (discharged) the TruWest auto loan.  You did a "drive thru", making all the payments, and finally buying a new car which TruWest financed.  Toyota Finance took the position with me that they "could not" report after the BK filing in this sort of drive thru circumstance.  But I let the car go back and financed the replacement with a different lender so there couldn't be crossed reporting lines.  I suspect that somehow TruWest has mixed up your old, discharged loan with the new loan.

 

What I had to do to get some creditors to fix their reporting was to follow the "623 process".  You have to specifically dispute with the CRA, then after they report the item verified, send a letter to the creditor.  A sample is below.

 

You might also try to reach the President, CEO or Exec Complaints group at TruWest to get this straightened out.

 

sample letter:

 

Scumbag Creditor

P.O. Box XXXXX

City, State, Zip

 

Month, Day Year

 

Via First Class Mail and Certified Mail, Return Receipt Requested

 

Re: Acct #12345678901234567890 

To Whom It May Concern:

 

This is my written notice of dispute pursuant to regulations recently adopted by the Federal Trade Commission, effective July 1, 2010, which implement section 623.(a)8 of the Fair Credit Reporting Act (FCRA).  Under these rules and the FCRA, Scumbag Creditor must investigate my dispute, review the enclosed documentation, and report your findings to me, making corrections to your reporting to Transunion, or deleting the trade line entirely.

 

I recently reviewed my credit report from Transunion and found that you were erroneously reporting this account as Included In Bankruptcy (IIB) with a status date after the discharge date of <BK discharge date>.  This erroneous reporting has damaged me by impeding my ability to secure credit.  On <date> Transunion signed a certified mail receipt for my dispute letter.  Transunion subsequently reports that you verified this reporting as accurate.

 

Specifically, credit scoring schemes, such as FICO, from myfico.com are identifying your reported line as more recent than BKMonth BKYear when the Bankruptcy Discharge was granted.  You need to must ensure your reporting to Transunion does not create the misleading impression that this account was IIB later than BKMonth BKYear.

 

I have enclosed the following documentation supporting this request:

 

A copy of my Driver’s License to prove my identity

A copy of my Social Security Card proving my identity and association to this credit file

A copy of my Bankruptcy Discharge

A copy of Transunion’s claim that you verified this reporting

 

 

Very truly yours,

 

 

wronged debtor

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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Member
Tricky3
Posts: 15
Registered: ‎05-10-2012
0

Re: Reposting here, Auto Loan after 2006 IIB Dates/Payment History

[ Edited ]

Follow up, the time line on my IIB Auto Loan was:

 

1. Made Payments until Sept 2010 (never late mind you) after my 2006 BK

2. Traded car in, new loan BOA (which paid off IIB Auto Loan above with TruWest)

3. Refinanced with TruWest (they are a good credit union) for a much better rate a few months after the BOA loan.

 

A few weeks back tried to get a Visa with TruWes Credit Union (not only do I have a Auto Loan I also have a Siginture Loan with them).  When I applied they pulled my Experian report (they use that one for Visa) and said my score was like 610 - the other two CRA have me 710~715 or so.  So I pulled my report and found my old TruWest IIB Loan appear to be showing status dates of 7/2012 and payments up till Sept 2010.

 

TruWest has flat out told me on the phone they report payments, regardless of IIB.  I make a payment, the send a update to CRA - thats how it works.  So there appears to be no confusion between my old loan and my current loan.

 

I do not dispute this loan was in IIB, I am just disputing the dates and the history of payments after IIB - which seems to have made my BK appear newer than what it is.

Member
Tricky3
Posts: 15
Registered: ‎05-10-2012
0

Re: Reposting here, Auto Loan after 2006 IIB Dates/Payment History

[ Edited ]

well, I called experian to compain about some miss-spelling of my last name (a pop up told me I had to call their number).  After I sorted out some bad name spellings I brought up my issue with TruWest.  In short, they completely understood what I was staying and told me in 72 hours the BK will be listed as of June/2006 and will drop off my report on June/2013 (7 years as it should from first reported BK negative infomration).  The Rep said their Web Submition Dispute would have never got it corrected until I sent in a letter or called up.

 

 

 


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