11-20-2007 09:14 AM
11-15-2013 08:34 AM
Short of reopening your bk case in order to file a reaffirmation which I understand Chase will not provide or did not provide, You can register with one of the credit reporting providers, such as equifax, transunion or experian, and dispute entries on your credit report.
For example, on the Chase item, your reasons for disputing would state that you paid and have proof of payment in full for the reaffirmed debt in bankruptcy, and that the creditor refused to file reaffirmation documentation on your behalf prior to your discharge and close of your BK case.
Chase then has 60 days within which to rebut the substance of your dispute or the reporting agency has to resolve the matter in your favor.
Im a bk attny having the same problem with chase mortgage on behalf of a client where Chase will not provide a reaffirmation agreement. Even after having
providing them one, they now refuse to and will not execute it.
Hope this info helps.
11-15-2013 08:52 AM
wbp1968 wrote:I filed Chapt 7 Bankruptcy back in March...It was discharged in July...I signed my reaffirmation agreement also in April when I went to my 341 meeting. I continued to pay my payments on time and paid it off in July. When I disputing my credit reports Chase was posting as IIB...When I called them to change it they said tough luck...We didn't get the letter until 3 days after your discharge...So I said to them...give me back the 7000.00 dollar4s back that I paid the car off with then...Another sorry about your luck statement...Ok My question is....Is there any thing I can do legally to make them change what they are reporting or am as they claim...SOL....I want this reporting as paid in full as agreed...I paid the account satisfactory...Plus this will kill my future credit building for sure with negative points....Any help or direction to go with this is greatly appreciated...Also everyone have a safe and happy THANKSGIVING
You signed the reaffirmation in April and was discharged in July. Why did it take so long for them to get the paperwork? Who handles that?
Do you have copies of the reaffirmation agreement with Chase? Copies of payments you made to them?
11-15-2013 09:01 AM
If the debt was satisfied, the current status of the debt should report as $0, regardless of how it got to that point.
Current status reflects as snapshot of today only, which is paid.
That is not to say that it is improper for them to still report the status prior to the current status. Status prior to current status is retained in a separate code called your Payment Rating. Bottom line is that I dont see a requirement to remove the prior status, but rather where it is retained.
I would file a direct dispute with them rather than disputing via a CRA. The basis for the dispute would be failure to have promplty updaated the current status to paid.
You can also assert that they must delete the IIB reference, but I dont see basis for such a deletion.
They have 30 days from date of your direct dispute to either verify, corrrect, or delete the disputed reporting, which must be sent directly to you.