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Need advice and help with a VERY complex issue

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Etherial73
New Contributor

Need advice and help with a VERY complex issue

Good morning members,

 

As the title states, I am currently dealing with an issue and I can't find any resolution. I'll try to be brief and concise;

 

I filed Chapter 7 December 20, 2017. Discharged March 26, 2018. After discharge, I waited about a month to let my reports settle, then disputed with each CRA any reports that weren't listed as closed, IIB, and $0 balance. Suprisingly, Equifax got all of the corrections right the first time, and I haven't had an issue with them since my first round of disputes. TransUnion and Experian reporting, however, have become a nightmare and a comedy of errors.

 

Beginning last year, TransUnion and Experian began incorrectly reporting the "closed date" on certain IIB accounts. Every time I would dispute by snal mail, and provide proof in the form of my Chapter 7 filing, discharge, and previous credit reports that showed the original closed dates. I also included letters identifying each incorrectly reporting account by name and account number, stating that closed date should be the filing date or at latest the discharge date. Each time TransUnion and Experian update the close date to the date of my latest dispute, and this last round of disputes have resulted in TransUnion and Experian attaching my bankruptcy to previously closed accounts that not only weren't included in my bankruptcy, but were closed preceding my filing by 3 years! Essentially the way it's reporting is as if a new Bankruptcy filing is appearing each time they update. Aslo, on these accounts, it's making my "time since last delinquency" appear as if it just occured, when in reality I haven't had a late payment on anything since my filing date in December 2017.

 

I have worked hard at re-establishing after discharge, and my FICO scores were starting to recover and trend upwards of 650 across the board. Now they have all fallen to the high 500's again. To make matters worse, I now get constant alerts from MyFico alerting me to a bankruptcy filing that was already existing. It's almost as if the FICO scoring model treats every update as a new bankruptcy filing and I take massive scoring hits.

 

I have contacted a Consumer Rights attorney and provided him all of the documentation and an explanation of what's happening, and he can't make any headway. I have also opend CFPB complaints and provided all documentation, and while it's still in review, i can see it's still being reported incorrectly as I'm getting MyFico alerts that "a new bankruptcy is being listed" and my scores continue to fall. I've reached out to my bankruptcy attorney AND my Trustee, but they won't respond and no one can find any resolution.

 

I've exhausted every correct and legal avenue that I know to resolve this very seemingly simple issue, and I'm beyond exhausted and frustrated, and don't know what to do next.

2 REPLIES 2
gdale6
Moderator Emeritus

Re: Need advice and help with a VERY complex issue

Quit disputing them, it is irrelevant what the closing date is as the 7.5 year max reporting period starts when the accounts first went delinquent or if they were current at the time of filing the clock starts the month of the BK. As long as they say IIB and 0 balance that is all you want. Yes you are right everytime these update Fico sees them as brand new COs or IIBs this is why you just want to leave them alone and let them age back in time. At this point I would not even argue that some of your good closed accounts updated to IIB that were not included legally "all" accounts were IIB reported on the schedules or not.

Message 2 of 3
Etherial73
New Contributor

Re: Need advice and help with a VERY complex issue

Gdale6,

 

Thank you for your response. Not trying to appear dismissive of the advice, and I sincerely appreciate your insight, I just want clarity; If the purpose of FCRA and bankruptcy laws are in place to prevent this type of issue, and to give a fresh start, why would one not strive for correct reporting as allowed by law? The goal of a positive rebuild POST bankruptcy discharge is to move forward towards not only adding positive account information, but proving yourself capable of handling credit appropriately and responsibly. It seems counterproductive to wait 7.5 years from the DoOD, or 10 years from the date of discharge, to start rebuilding. In that time, valuable years of potential rebuilding efforts have been lost. As my scores were trending upwards, I was able to gain two "prime" credit cards and an auto loan. I was at a point score wise where I was about to refinance my auto loan with my credit union, only to be denied because of massive score drop and the appearance of "new" bankruptcy information. This will continue to impact my ability to finance vehicles, obtain a mortgage, seek new responsible credit, etc. Because of the way accounts are now reporting, it's already taken my rebuild efforts back by a year and a half.

Message 3 of 3
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