Credit Bureau Problems (what else is new)

[LessonLearned]

Our chapter 13 discharged one year ago tomorrow. I have 2 credit reporting problems that I can't get worked out. My atty, like he's always been, is too busy to answer any questions, and now that I'm discharged he's not getting paid for anything, so why take time out to help me?

Anyway, I've got 2 items on my credit report that I can't get fixed. First of all one mortgage payment was included in the BK in the very beginning. Much to my chagrine the Trustee never paid it. I didn't know this until about 2 months after the discharge when my monthly statement showed me 30 days late.

I freaked out. What few bills we were paying outside of the BK I made sure they were on time every month in anticipation of improving my credit score after discharge.

When I contacted the mortgage company they told me the payment included in the BK was never paid by the trustee and therefore it was late.

I paid the thing within two weeks but my CR shows a 30-day late in July of last year on my mortgage.

Is there anything I can do to take this off??? Can they report something that was included in the BK, even though the trustee didn't pay it like they were supposed to?

Secondly...,

The other note outside of the BK was my car payment. This obligation was never included in the BK, other than listing it as a debt owed. I payed it completely outside of the trustee payment and no part of the debt was included in the BK. I've never been late on it.

My CR basically shows no history on the account. It reads something to the effect, "Included in BK, Ch 13," and even though I've paid it monthly, there is no history listed. In addition, it reads "closed acct" which it isn't since I owe 5 more months on the note.

I've written GMAC and they sent me a letter that basically says current, never late, giving the date the note was open, and so forth.

I've forwarded it to the CRB who says they've investigated the dispute and refuse to change the entry. It still has no history of payments, still shows closed, and still shows included in the BK.

Any suggestions?????

And sorry for the long msg.

[Flamingo]

As to the "one" mortgage payment at the beginning of your plan that the Trustee paid (I am assuming you paid all the rest outside of the Plan?). If you have documentation that shows your Trustee was to make that payment to your mortgage company and not you, contact your mortgage company with that information and send them copies of that paperwork to show that it was not you who made the late payment, but your Trustee. That may be about the only thing that can help you besides a letter from your attorney. Your mortgage is/was part of your BK inasmuch as it was including with your filing even though you may have made payments outside of your Plan. You can dispute that if you wish and they may or may not remove it.

As to GMAC, again, even though you made payments outside of the Plan the account was still part of your BK fililng. In order to clean it up as best as you can, send them a copy of your creditor matrix showing the payments on the vehicle were made by you and outside of the Plan and that all payments were timely made and that the account is still open and not closed. I would direct the letter via Certified mail to GMAC and a copy via Certified mail to the CRA. Hopefully that will help in getting it reported correctly. Sometimes it takes several dispute letters to get things resolved. You'd had better check all three of your reports if you have not yet done so.

[magyar123]

Can't comment on your mortgage payment issue - the trustee might sit on the payment, and will probably make it whenever he/she feels like it.
The car issue is different - you are making those payments yourself - and GMAC claims that they are reporting. But are they reporting your history to all three CRBs? Some creditors report to all three, some to two, and some only to one.
By the way - is it Transunion?

[LessonLearned]

To explain further...

The one mortgage payment was a payment we were late at the time of filing and that payment was included in the BK, to be paid through the trustee over the period of the BK. I don't dispute that I owed the payment, only that it was to be paid by the trustee, during the BK, and was not.

My only real complaint is that I was never made aware the payment wasn't made, and of course after discharge was subject to a 30-day late report on my bureau.

Regarding GMAC, actually it's all three of the CRB's. I have disputed it, received the letter from GMAC that said current, never late, open. Sent it to the CRB's, and they refuse to update the entry, saying the dispute has been investigated and is correct as the creditor is reporting.

I guess I just need to keep after them.

Thanks to you both for your responses.

[CindyLou]

As far as the mortgage payment....if it was late at the time of filing, then it would probably continue to say that it is late. I don't think that whether the trustee paid it or not would have reversed that. The only way that would probably disappear is if they were to change the status to Included in BK...

I don't know this for sure but based on what I know that is my opinion.