Please help me decide how to proceed.

[Anonymous]

I asked this question in more detail in another thread, but this is a two part question. I filed for and was discharged for a CH 7 BK dated 1 May 2001.  A finance company continued to put late notices on my account that still show up 6 years later.  Are they allowed to do that?  Other accounts that were included in the BK have a comment that states "Included in Bankruptcy". Part of the problem may be that the CRA is reporting my BK discharged on 31 May 2001 instead of the first.  If my discharge was on May 1st, can they pile on late comments after that date. I thought BK sorta protects you from that sort of thing.  I have tried to dispute, but the CRA says that the creditor has verified the account. I have called the creditor, and they can't even find me in their system. My big question is, how should I proceed?  A official but cordial letter to the creditor? Include copies of my BK papers? Letter to the Credit reporting company? Copies of BK papers? I also have a two page VERY OFFICIAL AND VERY BLUNT letter ready to send to the creditor.  Should I go in guns blazing at this point?  

[Anonymous]

If the account was late or went chargeoff before you filed, then they can report that. Otherwise, they can only report $0 balance, $0 due, and IIB.

Did you dispute online, in writing, or over the phone? Does it appear on all three CRs? Did you dispute with all three?

If the OC doesn't even have you on file, then dispute with the CRA. Tell 'em not mine.

Message Edited by Noah_Bodie on 05-08-2007 11:59 PM

[Anonymous]

Hey, thanks for answering.  I tried all day today to reply back, but for some reason whenever I would log in, my access was denied to the forum. I could only look at the forum when I wasn't logged in. Maybe the net cops at work were blocking me.

Here is the issue with that account.  I have always maintained that my BK wasfiled on 1 May 2001 and it was my understanding that for a CH 7, whenever it goes to court doesn't matter. If the BK is approved, the filing date is also your discharge date.  Maybe I am wrong.

If that is true, I don't think I can be marked as late for the month of May.  Two CRs show my BK date as 1 May and one shows 31 May yet the same lates show on all the CR's even though some months are different on each, it is still the same timeframe. Hope that makes sense.

Even if I am wrong about the discharge date and I never made the May payment, can they keep piling on (i.e. 90 days late, 120 days late, 150+ days late) if the debt is settled under the CH 7? I thought the CH 7 would at best allow them to note 30 days late one time because after a 31 May discharge date the debt would no longer exist.

I disputed all three in writing last year but was told that the company confirmed the account.  I did not follow up. Figured I would take what i could get (stupid me, not understanding how these things work).  I tried to dispute electronically on Experian and i was blocked byt the system. It said that I could not dispute an item that had already been disputed and confirmed by the company.  It did allow me to print out a form that i could fill out and send in to them to dispute with more "new" details.

I tried to call the company, and their automated system asks for your account number, and failing that asks for your SSN. Failing both, gets you through to a person. First time I called and got a person, when they answered they immediately told me their systems were down and could I call back later in the week. I triedagain the next day, got a live person, gave info and they said that they could not find that account in their system.   I asked for info on who i would send a dispute letter to and they offered me a fax number. I told them I needed a regular address and got one.  I went ahead and mailed my very official and somewhat threatening demand for verification letter today via cert USPS with return receipt. So what happens if they don't answer? Do I have to sue?  I asked for everything imaginable related to this account. It was a letter based off of another letter someone posted in these threads. 

I have to be careful about saying "not mine" since they are listed in my BK papers and I have a govt job if you get my meaning.  I figured i would just put it all on them andsee what happens. I have a lawyer who handled my BK and he absolutely LIVES to go after creditors like this.  I have not talked to him directly yet to see what it might cost me to persue this case but i surely will if forced and if warranted.

Message Edited by KevKaos on 05-09-2007 05:55 PM

[Anonymous]

For the reporting of lates and other adverse info before you filed, the OCs and CAs must abide by a BK7 filing date. If the account was not late when you filed, then they cannot report that TL late. Period.

I've gotten the "our systems are down" nonsense before. I generally call right back, I get another CSR, and if I'm lucky that day I get the one who has use of their brain.

Once you get the RRR green card back, watch and wait. They have 30 days to investigate. If they don't investigate, then they are in violation. If they send you some nonsense in writing about "we've already investigated this", unless they state your dispute is frivolous then they are in violation. The FCRA allows them to claim a dispute is frivolous, but there is NO middle ground. Either they investigate or claim frivolous. No other choices.

Often a CMRRR letter is the equivalent of a "bigger hammer", and you can pound a nail much deeper with one.

[Anonymous]

OK. It sure sounds like I am in the right here.  I guess if they come back with anything other than an "investigation started", or they come back with a claim that my dispute is frivilous, I should probably talk to my lawyer about sueing.

Thanks for all the info.  I will try to keep the thread up to date as this thing progresses.