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Originally posted under BK forum, but no replies.
Deets:
Chapter 7 BK Filed January 2012, Discharged May 2012.
Cash Call loan (stupid, I know), last payment July 2010, discharged in BK.
TU isn't showing it all.
EX is showing it as discharged in BK, status dated May 2012, though in the payment history it shows:
LATE 30 DAYS 1 time (Sep 2010)
LATE 60 DAYS 1 time (Oct 2010)
LATE 90 PLUS DAYS 4 times (May 2012, Jan 2011, Dec 2010, Nov 2010)
EQ is showing it as a Charge-off, status dated Nov 2013
The November status date coincides with a dispute I filed with EQ regarding the fact that the account wasn't showing as discharged in the BK.
I sent them copies of the BK documents.
My questions:
It is supposed to show that it was discharged, isn't it?
And the status date of November 2013 is illegal, isn't it?
Should I dispute the late in May 2012, on Experion, since I filed in January?
Should I redispute with Equifax? I don't want to redispute if it's just going to update the status date.
I should add that, at the time of this dispute, I'd just spent months trying to get EQ to fix my name and address. By the time I got this "resolution", I just said F-it, and walked away. It's only the last month that I've learned maybe I shouldn't have done that, considering we're going to be applying for a mortgage next spring.
The debt was discharged, so the creditor is required to promptly update the balance to $0.
However, the creditor still sustained a loss, and is entitled to charge that to profit and loss.
That can be done after the BK, which affixes non-collectibility of the debt, so I dont see an illegality in charging offf the loss.
My understanding is that changes can't be made to the account after bankruptcy. If it wasn't charged off before BK, they can't change it afterwards. I KNOW that's illegal.
In this case, I don't remember whether it was charged off before, so I don't dispute that. Though it should definitely have the IIB language. But should the latest status date be filing, or discharge, or is a later status date legal and I'm misunderstanding? And is it worth redisputing at this point in time to get the IIB language included at this point in time.
Redisputed. Same response. New status date of 10/2014. #$*(& Equi*bleep* All I want is the IIB language included on the account... as it is supposed to.
Complaint filed with the CFPB. *crossing fingers*
Are you referring to this Cash Call?
@Anonymous wrote:Cash Call loan (stupid, I know), last payment July 2010, discharged in BK
@Anonymous wrote:Are you referring to this Cash Call?
@Anonymous wrote:Cash Call loan (stupid, I know), last payment July 2010, discharged in BK
That's the one. Though I didn't go through Western Sky; my loan was funded in 12/2005.
Sounds like some pretty shady characters. I would be nice if there were provisions in the law to bar people like this from working in the financial industry after getting busted. Sort of like how hackers are barred from using computers.