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SUCCESS Getting Ch13 Dismissed BK removed before 10 yrs EQ

jodhus
New Visitor

Re: SUCCESS Getting Ch13 Dismissed BK removed before 10 yrs EQ

Thank you for sharing this.

I've started this process with the three credit bureaus

 

Experian

June 2, 2016

Initiated the request to remove Ch13 Dismissal entry via website

 

June 6, 2016

Received an email saying that the record will remain the way it is.

 

June 6, 2016

Filed the complaint with BBB- San Diego

 

Jun 8, 2016

Received notice saying that the complaint was forwarded to Experian.  

 

Current Status

Waiting for reply back from BBB via Experian

 

Equifax

June 2, 2016

Initiated the request to remove Ch13 Dismissal entry via website

 

June 4, 2016

Equifax sends confirmation that dispute was received via email

 

June 8, 2016

Equifax send Dispute Completed Notification-  "Record to stay as it is"

 

Currently

At the moment, I'm waiting for the other BBB case to close so that I can leverage that case as grievance.  If you guys feel that I should just start the complaint process with BBB, please advise.

 

TransUnion

June 4, 2016

Mailed in the request, Certified Letter

 

Current Status

Waiting for the initial reply back from TransUnion.

Message 31 of 42
jodhus
New Visitor

Re: SUCCESS Getting Ch13 Dismissed BK removed before 10 yrs EQ

Hi, 

 

I'm so glad that you were able to get the CH 13 dismissed from your record.

 

I too suffer from exact same situation.  I would also love to get this heavy burden off of my chest.

 

I was wondering if you can provide the case number so that I can get mine removed as well.  My first request to them was rejected and their response to BBB basically is "our policy stands".   I want to make a case that there is a prescedence for them removing cases.  I understand your reluctance but I implore you to help another distressed consumer as well.  I am quite confident that they cannot put this record on your file when it has been removed.  

 

I am really looking forward to your help.  

 

Thanks and regards,  

 

Josh

Message 32 of 42
teo77777
Regular Contributor

Re: SUCCESS Getting Ch13 Dismissed BK removed before 10 yrs EQ

You rock! Called EQ and they told me suck eggs. Followed your advice and filed a complaint with BBB yesterday ...Less than 24 hours,Its gone. THANK YOU!

 


TO
Message 33 of 42
Ceejay_86
Visitor

Re: SUCCESS Getting Ch13 Dismissed BK removed before 10 yrs EQ

I am happy to say that you can add another victory to our consumers' team! I followed the same procedures that many of you have followed and was happy to receive notification from Equifax notifying me of my Dismissed Bankruptcy that was set to be deleted by November of 2017 has now been deleted. I first called customer service and received the expected answer saying that according to the FCRA they have to report the Dismissed Bankruptcy for 10 year. I then wrote a letter and it came back as verified, then I went ahead and filed my complaint with the BBB.

 

Below is the letter that I sent to them, Hopefully It will help some of you out there. It is the same format as the one provided before, but I made a few changes :

 

To Whom It May Concern:

 

I am disturbed that you continue to list the dismissed bankruptcy as confirmed within my credit file. Although it is your policy to keep reporting bankruptcies that are filed, dismissed or adjudicated for ten years, the Fair Credit Reporting Act mentions nothing in Section 1681c relating to bankruptcy about dismissals or filings. The law clearly states from "date of adjudication" or date of "order for relief". In addition, Section 1681c does not specify a minimum period for which a bankruptcy must remain on an individual’s credit file. TransUnion and Experian all abide by the guidelines set forth by the FCRA, yet Equifax continues with the erroneous misinterpretation of said guidelines.

 

Any case, civil or otherwise, which is dismissed no longer exists in the eye of the law and a case filed may never have actually been adjudicated. Therefore, you have no right to maintain information which the government has deemed nonexistent.

Therefore, pursuant to Section 1681(a)(5) of the FCRA, you must delete this information from my credit report and send me an updated copy when this action is completed.

 

Considering that this does not require an investigation, I would appreciate your response within 14 calendar days from receipt of this letter.

 

I then tweaked this and sent it to the BBB and was able to get Equifax to delete the Bankruptcy that they had previously verified!

 

Good Luck guys!

 

 

 

 

Message 34 of 42
jodhus
New Visitor

Re: SUCCESS Getting Ch13 Dismissed BK removed before 10 yrs EQ

I'm glad that all of you guys are getting your records dismissed.  I am actually having a very difficult time.  I tried and all three bureaus have rejected my request.  If you guys can share your case number, I'd really appreciate it.  I would love to get this thing removed ASAP....  Please PM Me.

 

Thanks,

 

Message 35 of 42
california_bound
New Member

Re: SUCCESS Getting Ch13 Dismissed BK removed before 10 yrs EQ

So are you guys going for the early removal at about 7-8 years post-filing?  

Message 36 of 42
Ceejay_86
Visitor

Re: SUCCESS Getting Ch13 Dismissed BK removed before 10 yrs EQ

Yes, my bankruptcy was scheduled for removal on November 2017. Transunion and Experian had both already removed it from my credit file. Equifax are the only ones known to give people trouble. The method described on the previous posts should work to remove the BK from your credit file.

Message 37 of 42
tgatson
New Visitor

Re: SUCCESS Getting Ch13 Dismissed BK removed before 10 yrs EQ

ok me and my husband filed in 1/2011 we lost our house in a tornado in 2012 so my Bk was dismissed in 2013.  Do you think I could do the same the BK is schedule to be removed 1/2018.

Message 38 of 42
Ceejay_86
Visitor

Re: SUCCESS Getting Ch13 Dismissed BK removed before 10 yrs EQ

It's worth a shot. I think it depends on if your filed Ch13 or Ch7 and if it has been removed in any other of the Credit Bureaus. I was successful because I was able to argue that TransUnion and Experian had already removed my bankruptcy. It would depend on if you can argue that or maybe find another strong arguement, but I would give it a try since you have nothing to lose.

Message 39 of 42
PhoenixRising71
Regular Contributor

Re: SUCCESS Getting Ch13 Dismissed BK removed before 10 yrs EQ

This is my exact problem right now! I hope you don't mind, but I am going to use your letter as a guide to possibly have mine removed. I am at the 7 year mark on a dismissal and they customer service reps in the "Phillipines" states that I would have mine for 10 years. They are removed from both TU and EX.

 

I will report back with results as soon as I get them. I am hoping to buy a house and car soon!

 

Message 40 of 42
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