No luck in BK forum...anyone here willing to take a shot?

[jacq]

Background: I financed a car through Cap1 in 2000. In January of 2003 I filed BK. I was discharged last year and have started cleaning up my cr. Cap1 shows last payment/activity as 12/02, account paid/paying as agreed, IIB and due to fall off in 2009. HOWEVER, there is another account for Cap1 for the exact amount that they were allowed under Chap13, opened 4/2003, also IIB. The account numbers differ by one digit. Since I didn't get another car while I was in bk, I'm thinking Cap1 created another account to reflect the allowed payment and marked them both as included. This 2nd account isn't due to fall off until 2013!!

None of my other IIB accounts did this but Cap1 was the only installment account. Does that make a difference and should they be doing this?

I would appreciate any insight, thanks!

[Anonymous]

I hope someone can explain this because I have the same problem with National City.
We didn't reaffirm on the truck and just let them have it back in 2001 with the BK. Now all the BK accounts have fallen off except this thing from National City that has 3 new numbers in front of the original account number and was apparently closed in in 2004! Which means it won't drop for another 3 years.

Jask

[Anonymous]

The 2nd account will either change from BK to good account 7 yrs. from BK date or is still showing pays as agrees with no lates. If it show good pays as agrees you will have a good tl when the bk notice falls off account. The only other explanation is that they illeagelly re-aged the account. I would dispute with both the cra's and cap 1 that it is a duplicate account.

[Anonymous]

YEAH Success!!!!!
I just got my dispute review back from TU and this baddie is gone. I have no idea why it was there to begin with, but it's gone now!!!! Dispute as not mine and say bye-bye to it

JASK

[jacq]

Alright, jask!! I'm hoping for the same luck. I've disputed and am still waiting on the the results...thought about sending copies of my bk papers through the mail just to follow up. Unfortunately, my original account is posting 30/60/90 AND 120 late starting Feb. 2003...I filed in January. Both of the accounts show IIB....looks like they're punishing me every way they could think of.

[Anonymous]

Ouch! I hope you get rid of the second account. They were only reporting to TU for me and somehow the original account from the BK is in the closed and good section of my report ( no lates, no BK comment ) I don't know why and I'm not going to ask them (might jinx it)

Jask

[jacq]

jask,

I spent the evening on the Internet printing off a ton of documents related to my BK and have big, fat envelopes ready to mail out to all three cra tomorrow. The lawyer filed the account as a split claim to reflect the "unsecured" portion of what Cap1 was being allowed. This might expalin your problem, too. I'm still disputing as it is the same creditor, same debt...and the second account isn't scheduled to "fall off" for 4 more years! And both are reporting up to 120 days late, on both accounts! URGH

On a lighter note, I realized quite a few creditors I had forgotten about aren't even showing up on any of the reports...thank goodness for small favors. Good luck to you!

Message Edited by jacq on 03-04-2008 09:33 PM