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Past Dues on a Bankruptcy

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Anonymous
Not applicable

Past Dues on a Bankruptcy

Hello everyone!  I love the forum, and it has helped raise my score from 540-670.  I actually broke into the 700 club recently, but it was short lived Smiley Happy  I filed for Chapter 7 on 11/2003

 

My question is this (I have tried to find the answer, but could not on my searches)

 

I show 30 lates on the credit report my bank pulled (We are trying to buy a house)  All of the late fees are from accounts that were discharged in my bankruptcy. My lawyer recomened that I didn't pay any bills since they were going to be part of the bk anyway.....I wish I had this forum when I filed.

 

Is there anything I can do to remove that they say we are past-due?  And if so, will it help bump up my scores, or will it change the items to active again thus delaying their 2010 removals.

 

Thanks,

 

Eric

 

Message 1 of 6
5 REPLIES 5
Tuscani
Moderator Emeritus

Re: Past Dues on a Bankruptcy

How old is the most recent late? And is it 30, 60, 90, etc.?
Message 2 of 6
Anonymous
Not applicable

Re: Past Dues on a Bankruptcy

The most recent was 02/2004, which is also when my BK was released/settled.  I filed on 11/2003.

 

I have 6 accounts, and all 6 were showing 30, 60, 90.  All with dates of 02/2004.  This puts my late count for 30, 60, 90 at 17,10,15 respectivly.

Message 3 of 6
Tuscani
Moderator Emeritus

Re: Past Dues on a Bankruptcy

Ok.. they are reporting legally. If you had lates AFTER filing that would another story (VERY ILLEGAL).

 

Your best option would be a GW.. Your chances may be low given the fact you filed BK on the creditors. But it never hurts to ask.

 

Also remember, If a debt was included in BK they can't have it as a charge off.

 

Finally, you could ask the CRAs to prove accuracy on said accounts. We then get into the great ethical debate.

 

Here are my thoughts on that....

 

Is it ethical for someone to report 1 or 2 late payments for 7 years? Sure, it's legal, but is it ethical for them to continue to hamper your efforts to improve your life and learn from past mistakes? Only you can decide...no one else.

 

CRAs have to be able to verify it by the original records to report it and if they can't, then they can't report it. Disputing is the avenue afforded us to request verification. You are simply asking them to check their records to confirm.

 

IMO, It doesn't matter one bit what we know or don't know. We aren't reporting anything. The law is clear that if the CRA is to report an account, they must be able to verify it with the furnisher (among other things). If the account, lates, etc cannot be verified- off it goes. There is no section of the FCRA that states that a consumer's personal knowledge of an account has any bearing on it's reporting or the CRA's requirement to verify. Doesn't matter.

 

There is no ethical dilemma about disputing accounts that you personally know are reporting correctly. What you know/don't know isn't relevant. (Try to have a non-reporting positive account put ON your reports for an idea of how little what you know matters). Smiley Happy All you are doing is demanding the CRA prove that they can verify what they are reporting (no more, no less).

 

Making false statements is another matter, saying "I was never late" when you in fact were isn't appropriate nor is it necessary. Instead of claiming you were never late, insist the CRA prove that the lates that they report are accurate. "Please provide evidence that this information is accurate and belongs on my report" accomplishes the same thing as "I was never late" without making any statements on your part.

Message 4 of 6
Anonymous
Not applicable

Re: Past Dues on a Bankruptcy

Thanks Tuscani! 

 

That is what I was thinking, but I have seen some other information out there that I didn't quite trust. 

 

Although, now that we have our bank genereated Credit Report, I am going to send out some GW's to see if I can't get a few remooved from currently open accounts.  Hopefully that will help some as well.

 

Thanks again for all of your efforts on this Forum

 

 

Message 5 of 6
Tuscani
Moderator Emeritus

Re: Past Dues on a Bankruptcy

Good luck!
Message 6 of 6
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