Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Banking & Credit Cards

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 05-15-2004, 03:50 PM
ewm0826
Guest
 
Posts: n/a

Denied Credit 10 Yrs after Chapter 7


What is the name of your state? MA

It's been more than ten years since my wife and I filed a Ch 7 bankruptcy due to a failed business venture. Our credit has been improving and currently my FICO is 760 or higher with the three major bureaus.

AT&T just denied me a credit card, claiming the reason is due to my "existing account was included in the filing". Indeed, there was an AT&T card in the filing, but the public record of our filing has disappeared from our individual credit histories.

I was under the assumption that all accounts discharged in a bankruptcy had to be closed and expunged. To the best of my knowledge, AT&T did not find this information on my credit history.

My question is: should AT&T (Citibank administers them) have cleared my discharged account? Can a creditor retain private records even after the ten year credit file history?

Last edited by ewm0826; 05-15-2004 at 03:58 PM.
  #2  
Old 05-15-2004, 03:54 PM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
My response:

Sure they can!

You popped up on their computers, and in big, bold, words it said - -

"NO CREDIT FOR THESE TWO. THEY SCREWED US ONCE BEFORE!"

IAAL
  #3  
Old 05-15-2004, 05:50 PM
Senior Member
 
Join Date: May 2001
Posts: 6,450
Many creditors maintain an internal blacklist. Don't apply for any credit with someone you listed in your bk.
The one exception I've seen is, Amex. If you'll pay them the balance due and the public record is off your reports, they'll take your application and give you a card if you meet their criteria.
  #4  
Old 05-16-2004, 05:34 AM
ewm0826
Guest
 
Posts: n/a
Thanks for the replies.

Keeping an internal blacklist seems to be unusual in the competitive credit card biz. MBNA was in our Ch7 filing, but they've opened a line of credit to me. I've also opened and closed an account from Chase in response to the MBNA offer; Chase was in the filing too.

If AT&T or Citibank is keeping an internal blacklist, it would seem they are hurting only themselves. Our situation has completely turned around; we own a home, have had car payments and pay most cards within one or two cycles. The FICO score seems to be the basis for most decisions these days. In this instance, they lose a good customer

It seems to me that keeping such a list (or an open, not-charged-off account) is a backdoor way to circumvent the spirit of the FCRA and the bankruptcy laws.

I guess it's their choice, so someone else will pick up a good customer.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 06:14 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.