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Do I need to do anything to get them deleted or do they just report included in bankruptsy? I have many collection accounts that are still reporting a balance without indicating that it is included in bankruptsy?
Thnx in advance for the advice...I want your scores LOL!
Including in bk and deletion are two different things, I have found that getting CA deleted to be easier than getting the OC to place an account "included in BK", If you want to delete you have to send the CRA a deletion letter, BUT if a creditor refuses to "include in BK" I have a KILLER deletion letter, I think they chose to not "include in BK" because later they will try to collect money from you....this has happened to me more than I can count even though it is against the law...
It is so important to know your rights as a consumer, attached is some information on how you can sue if the OC or the CRA gives you issues, one thing to remember they all know the law, but sometimes it takes us the consumer to know it too!!! When you are filing a dispute with the OC or the CRA in your deletion letter it is a good idea to include the legal language...that seems to really get their attention...it is illegal for them NOT to report ACCURATE information...that would include the accounts listed BK...
So Who Can You Sue and What Can You Sue For?
Who | Why | Precedent/Law | Fine |
Creditors if they report your credit history inaccurately | Defamation, financial injury | US Court of Appeals, Ninth Circuit, No. 00-15946, Nelson vs. Chase Manhattan | Extent of damages incurred by the wronged party as deemed by the courts |
Creditors, if you dispute a debt, and they fail to report it as disputed to the credit bureaus | Protection under the FCRA | FCRA Section 623. | $1,000 |
Creditors if they pull your credit file without permissible purpose | Injury to your credit report and credit score | FCRA Section 604 (A)(3) | $1,000 |
Credit bureaus if they refuse to correct information after being provided proof | Defamation, willful injury | FCRA Section 623
| Extent of damages incurred by the wronged party, as deemed by the courts |
Credit bureaus if they reinsert a removed item from your credit report without notifying you in writing within 5 business days. | Consumer protection afforded by the FCRA | FCRA Part (A)(5)(B)(ii) | $1,000 |
Credit bureaus if they fail to respond to your written disputes within 30 days (a 15 day extension may be granted if they receive information from the creditor within the first 30 days) | Consumer protection afforded by the FCRA | FCRA Section 611 Part (A)(1) | $1,000 |
Collection Agency can NOT be BOTH purchaser and 'assignee' it's one or the other | Protection under the FDCPA | Gearing v. Check Brokerage Corp 233 F.3d 469 (7th Cir. 2000) | $1000 |
Misrepresentations by the collector about themselves or the debt are actionable regardless of intent | Protection under the FDCPA | Gearing v. Check Brokerage Corp Cacace v. Lucas, 775 F. Supp. 502, 505 (D. Conn. 1990) | $1000 |
Creditors or collection agencies, and credit bureaus if they try and “Re-age” your account by updating the date of last activity on your credit report in the hopes of keeping negative information on your account longer | Consumer protection afforded by the FCRA | FCRA Section 605 (c) Running of the reporting period | $1,000 |
If you dispute a debt, the collection agency fails to report it disputed to the credit bureaus | Protection under the FDCPA | FDCPA Section 807(8) | $1,000 |
Collection agencies if they do not validate your debt yet continue to pursue collection activity (file for judgments, call or write you) | Consumer protection afforded by the FDCPA | FDCPA FTC opinion letter Cass from LeFevre | $1,000 |
Collection agencies if you have sent them a cease and desist letter and they still call you | Consumer protection afforded by the FDCPA | FDCPA Section 805 (c) | $1,000 |
Collection agencies if they have not validated your debt and they still continue to report to the credit bureaus | Consumer protection afforded by the FDCPA | FDCPA Section 809 (b),
| $1,000 |
Collection agencies if they: - Cash a post-dated check before the date on the check - Cost you money by making you accept collect calls or COD mail - Take or threaten to take any personal property without a judgment | Consumer protection afforded by the FDCPA | FDCPA 808 Section | $1,000 |
If a collector calls you after 9 PM at night or before 8 AM | Consumer protection afforded by the FDCPA | FDCPA Section 805. (a)(1) | $1,000 |
Calls you at your place of employment if the debt collector knows or has reason to know that your employer prohibits the consumer from receiving such communication. | Consumer protection afforded by the FDCPA | FDCPA Section 805. (a)(3) | $1,000 |
Calls any third part about your debt like friends, neighbors, relatives, etc. However they can contact your attorney, a consumer reporting agency, the creditor, the attorney of the creditor, or the attorney of the debt collector. | Consumer protection afforded by the FDCPA | FDCPA Section 805. (b) | $1,000 |
The collection agency can not use any kind of harassment or abuse** | Consumer protection afforded by the FDCPA | FDCPA Section 806 | $1,000 |
Collector cannot claim to garnish your wages, seize property or have you arrested *** | Consumer protection afforded by the FDCPA | FDCPA Section 807 | $1,000 |
Collector must you in a county in which you lived when you signed the original contract for the debt or where you live at the time when they file the lawsuit | Consumer protection afforded by the FDCPA | FDCPA Section 811 (a) (2) | $1,000 Also a good grounds for getting a judgment vacated |
As far as my scores as you can see from my fitness challage I was not far from you...Keep in mind my starting score was from March 9,2011 can you believe that??? this month I pulled my current score...I did this using my cc wisely leaving minimum balances of like $5 or $10, but also cleaning my report like you are doing now!!! ANYTHING IS POSSIBLE!!!! You just cant get discouraged!!!!
WOW, great info...THANKS!!!! Do you have a copy of the deletion letter you utilized during this process?
Creditors or collection agencies, and credit bureaus if they try and “Re-age” your account by updating the date of last activity on your credit report in the hopes of keeping negative information on your account longer | Consumer protection afforded by the FCRA | FCRA Section 605 (c) Running of the reporting period | $1,000 |
Updating the DOLA will not make it stay on your report longer. And there is nothing illegal about this changing.
It is the DoFD that cannot be changed. This is what the FCRA is referring to.
Since March...wow...im impressed...
You can do it too!!!! Check your PM....
as you start rebuilding i would also suggest you opt-out.i also took it a step further and put security freezes on my cr.that kept all those ca from hitting me with perm. purpose inq. i think they just took a hike period because 3 very stubborn ca just deleted from my cr altogether.
i went with 2 cc immediately after bk. orchard and credit 1. i read that lenders want to see more than 1 reestablished tradeline for mortgage purposes.
my bk discharged aug 2009 and as of today my eq fico is 681. it would be higher but i am carrying a balance larger than i should. (def no-no)
once i pay that down to 1% i should see max scoring.
so you can rebound slowly. when i 1st joined my scores were 505/519
i havent pulled my tu yet. i am still sticker shocked by the $20 fee. i will bite the bullet as i have learned that my fico is the only place i can get my tu fico score
A mortgage is my goal. I have a Orchard bank card and am an authorized user on my sisters Discover, should I get another card?
I would get one more card and if you don't already have one an installment loan...a car note or student loan....even if you take out a small personal loan showing a consistent payment history will help the only thing is beware the interest will be high, BUT you will be able to refinance when your credit improves!!!!