Something wicked, this way comes!

[justbroke]

That's how I'm feeling today. I'm about to start a blog on my post-discharge "zombie debt" issues! I sent off some nasty letters to 3 creditors and all 3 major credit reporting bureaus. This is due to some serious mis-reporting and continued reporting of my lender that I owe over $25K on a discharged mortgage!

By nasty, I mean that I wrote a formal letter, certified mail return receipt requested (CMRR), specifically making demands to correct. I also specifically accused them of violating the discharge injunction as well as the FCRA and FDCPA and FDUTPA (Florida). By nasty, that means I also tell them, in no uncertain terms, that I will re-open my bankruptcy case and have them explain to the Judge as to why (Motion for Entry of Order to Show Cause and for Contempt).

In those letters, I also address the Credit Reporting Agencies (CRAs) and tell them that they'll be sued under FCRA and for contempt. Today I look at my credit report from Transunion and they have deleted almost every single credit tradeline in my credit report. This has actually dropped my score since they dropped "good" tradelines! They also, mysteriously, deleted my bankruptcy as well! Strange, but the affect of deleting my old "positive" 19+ year trade lines, as well as my "good" mortgages (that were satisfied by sale or refinance), is really significant!

Anyhow, I will start a blog shortly, and this will probably be the basis of it. I will let you know how I went through this and what the results are. If my mortgage company doesn't make the changes, I will seek $1,000 for each of 58 negative reports -- of owing $25,000 on a discharged debt -- across all credit reporting agencies, and seek double damages. (Yes, it's just a "sum certain", but I have to ask the judge for "something".) No, I'm not at the point of re-opening the case, since they have 17 more days to comply.

(Funny thing... I may need to go back to Transunion and have them re-add the tradelines that I didn't even ask them to touch!)

[IamOld]

Go for it, and best wishes!!!!

[IBroke]

I may need to go back to Transunion and have them re-add the tradelines that I didn't even ask them to touch!

This might be harder than you think. I experienced the deletion of seven positive closed tradelines on Equifax - and it's simply impossible to get them back. The bureaus don't have a record of them so you obviously can't dispute anything and the original creditor can't add a closed account back to your report once it was removed even if they wanted to.

I addressed this issue with a previous car-lender and they were under the impression that the TL was still on my EQ-report. They contacted EQ just to make sure that everything is OK and EQ told the lender that they "don't know anything about that TL". That even surprised my lender and since the TL was already closed, they can't add it back to the report.

I got that all in writing from my car-lender - along with their apologies. Ford credit told me the same about my two previous and always current leases which magically disappeared from EQ as well.

[tobee43]

i'll be following the blog at the seat of my pants...or is that by the seat of my pants????

this should pave a path for so many! these agencies, something really needs to be done with them being so inept. like an act of congress, which, of course has NO chance of ever happening, since the very few "watchdogs" that are really out there on the behalf of the consumers is dwindling away to nil.

[IBroke]

these agencies, something really needs to be done with them being so inept.

Absolutely right. So far, the focus was only limited to the handling of derogatory information. But IMO, that is only a PART of an accurate credit-picture. If positive information can simply be erased, your credit can always be used against you - no matter if you had perfect credit or not.

[wantout]

Wow....

[backtoschool]

I think this is great that you are doing this justbroke! I have a tradeline on equifax that refuses to stop reporting as a current late no matter how many times I dispute it. It is costing my score and I want to fight back but haven't figured out the best way to do so. I will be watching how your situation goes and will gladly try anything that works.

[AngelinaCat]

I have been getting daily phone calls for the last week from 386-206-1204, that the reverse number searches claim to be in Palm Coast, Florida. Of course these sites want money, which I am not about to pay. But one day the question will be: "Do you have more than $7,000 in debt?" The next day it might be: "Do you have trouble with your IRS debt?"

To each one of these questions, I have asked: "Who the h*** are you and how did you get this number?" I am told that I filled out some form on the Internet, to which I stated that I did NOT, and I do NOT discuss financial matters over the phone. Do not call me again, and hung up.

But they have.

This last time, 'Hub was home and I let him answer. 'They' did not want to talk to him only me, to which he replied that if you do NOT stop calling this number, I will report your company--at which point we will buy the info--to the agency in charge if the Fair Debt Collections Practices Act. He also dropped the little factoid that we discharged our debt in a CH7 BK, have no debt, have no need-nor do we want your services, and if you keep calling, your company will be charged with 'Harassment'.

[tobee43]

Absolutely right. So far, the focus was only limited to the handling of derogatory information. But IMO, that is only a PART of an accurate credit-picture. If positive information can simply be erased, your credit can always be used against you - no matter if you had perfect credit or not.

so right.

let's see now...

you have too many accounts
you don't have enough accounts
your credit lines are too high
your credit lines are too low
your dti is to high
you have NO dti...LOL!!
accounts open less than a year
accounts too old
you wore pants instead of shorts
you wore shorts instead of pants.

it's ridiculous!! and so needs to stop! maybe after congress fixes ss and medicare they can work on this

[justbroke]

That's basically it tobee! My credit score went down significantly (100 points) because I now have...

• no mortgage accounts
• opened accounts too recently
• only new credit appears

What I now found was that they deleted EVERYTHING prior to my discharge (which was May 2010)! Very interesting strategy on their part. (Oh, and they deleted the bankruptcy public record itself.)

Now it looks like I'm completely "new" to credit and my 20+ years of credit history are now toast. Looks like I've only had credit since 2010.

[IamOld]

A combination of stupidity on their part and incompetence and maliciousness.

[IBroke]

Now it looks like I'm completely "new" to credit and my 20+ years of credit history are now toast. Looks like I've only had credit since 2010.

I'm really interested how that's going to work out. You should be able to get the accounts back which are still open- the closed ones might be difficult if not impossible.

You know what the funny part is with my Equifax-case? Although they deleted my old, positive accounts, you can see that my Fico-score is much higher than the one with TU that is still showing all accounts. I was explained that it makes sense (yeah, right..) because the now younger AAoA puts me in a bucket where my baddies don't hurt so much.

What a stupid system...

[tobee43]

That's basically it tobee! My credit score went down significantly (100 points) because I now have...

• no mortgage accounts
• opened accounts too recently
• only new credit appears

What I now found was that they deleted EVERYTHING prior to my discharge (which was May 2010)! Very interesting strategy on their part. (Oh, and they deleted the bankruptcy public record itself.)

Now it looks like I'm completely "new" to credit and my 20+ years of credit history are now toast. Looks like I've only had credit since 2010.

and i have one better......AGE...my mom's score was and is 820 and she was refused a loan from Toyota, claiming she wouldn't be around to pay it off!! (she's 93 and was buying one of her grandkids a car for college graduation). how's that???

"they" think of any excuses to say no, or to report untrue information. if you or i reported inaccurate information and gave it out to the public we'd be sued!

[IBroke]

and i have one better......AGE...my mom's score was and is 820 and she was refused a loan from Toyota, claiming she wouldn't be around to pay it off!! (she's 93 and was buying one of her grandkids a car for college graduation). how's that???

Did they give that information in writing? If so, she should sue them. As far as I know, that is discrimination.

[tobee43]

Did they give that information in writing? If so, she should sue them. As far as I know, that is discrimination.

LOL!!! nope just verbally, just like i was told my law firms that had all 20 somethings working there, that i wouldn't fit in because of my age. and that was LAW offices!!!! of course, who would ever put it "writing". and frankly, i wouldn't spend a dime on a civil atty to go after them and drain my poor mom of more money...how sad is that?????

some things you just have to let go, this unfortuately, although difficult to swallow, is one of them . but it happens all the time in one way or another everyday to someone.