Correcting Info on CR

[Math_Rocks]

We are one year into a five year plan for Ch. 13 BK. We filed 04/30/2012 and we were confirmed 09/20/2013. I pulled CR's this week and there is a LOT of incorrect information. Some TL say Chapter 7 BK. Some TL report IIB but June or July and late until then. The worst is a CU reporting us 120+ late for several months on an auto loan that is included in our plan. Which of these should I try to correct now and how do I go about doing it? That is, what paperwork do I need and where do I send it?

[guiness56]

I would file a direct dispute with each of the creditors included in the BK and reporting incorrectly.  Leave the CRA out of it for now.

Here is a template for the dispute.  They have 30 days to investigate and report back directly to you.  They have to update or and respond or they are in violation of the FCRA.

 “This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), of the accuracy of information you have reported to my credit file.

       ►       (If sent to a debt collector, (CA), it might  be beneficial to also include the blurb:

       ►  “This is a direct dispute of credit reporting. This is not a request for debt validation/verification  under FDCPA §809(b).”.
                  (don’t let them just simply sluff it off as a meaningless  DV letter)

“In compliance with FCRA §623(a)(8)(D), and enacting regulations published at  16 CFR § 660.4, this Notice of Direct dispute includes:

 “Identification of the specific information being disputed:

           (specify the account number, and the specific information that is disputed under that identifying account)

“Basis for the dispute:

            (how the reporting was inaccurate;    was any reporting in violation of any statutory or  regulatory provisions?  account or express agreements?  CRA reporting gudelines? Account not yours? etc.)

“Supporting documentation:

            (all documents that support your dispute; it is recommened to also include, as part of your documentation, at least a copy of the portion only of your  recent credit report showing their reporting of the disputed information was actually reported to your credit flle.  The implementing rule suggests a  showing that it appeared in your credit report)

[Math_Rocks]

Thanks for the quick response, guiness56! What do I do if I don't have a complete account number? Just give them the portion that shows on the CR? Also, are they required to stop reporting us late as soon as the case was filed? Or could they keep reporting us late until it was confirmed?

[guiness56]

They are required to stop collection activity once it is filed.  Reporting you late is collection activity.

[Math_Rocks]

Sorry. More questions. What should my supporting documentation be? Just a copy of the statement saying we filed on 4/30/2012? Do I need to send a copy of the confirmation? I don't currently have a copy of the entire BK file. Do I need the schedules showing that each account was IIB? Finally, what do I do if I don't know the complete account number?

[guiness56]

They should be able to find the enitre account with what you send them and your name.

A statement probably won't be good enough.  You will need to include a copy of the BK file with those accounts in question on it or the schedule.