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  #1  
Old 01-03-2002, 04:45 PM
pjs
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Question

reaffirmation headache


i live in California and filed chapter 7 over 10 years ago with a reaffirmation agreement with montgomery wards for $600.00.
I repaid the debt and opted to keep the charge card which is now walmarts (zero balance). My question is this, the bk is off my credit file but the reaffirmation is not. I contacted Equifax and sent them the legal documents from my bk in an effort to have the reaffirmation removed as it is screwing up my FICO score. I got a new credit report back from them and now its worse! They have the reaffirmation there still, along with 60 days late and 90 days late (?) and I9 code (?). Can someone please tell me why the reaffirmation is still on my credit file after almost 11 years? What is the legal time frame for it to stay on my credit file? How can I get this removed? I have worked so hard after the bk to re establish credit and have a good FICO score, but this reaffirmation is costing me an extra point on a mortgage loan. Please someone help me....
Thanks
  #2  
Old 01-03-2002, 04:52 PM
JasonRT
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When was the final payment made on the reaffirmation agreement?
  #3  
Old 01-03-2002, 05:27 PM
pjs
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jason, i paid the card off about 2 years or so ago; then last year
wards was bought out by walmart stores who sent me their card. I used the card twice last August and then paid the entire balance off when the bill came. Haven't used it since.
  #4  
Old 01-03-2002, 05:41 PM
pjs
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i paid the wards card off about 2 years ago, as it was a charge card and i used it occasionally. walmart bought out wards customers and sent me their card last year, which i used twice in august and paid the bill in full.
  #5  
Old 01-03-2002, 08:45 PM
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The reaffirmation will be on your credit report for up to 7 years after you paid off the debt. Depending on what Monkey Wards records are still available and if you could convince someone to do it, you could set the drop dead date for the reaffirmation on your credit report if a date can be set as the day the $600 (plus interest) was paid in full. But, if you still have it, read your reaffirmation agreement. It is possible that your debt will always be consider reaffirmed for credit purposes untill such time the account is paid in full (and no new charges for 90 days) or the account is closed. I just assisted a young couple through a bankruptcy hearing today and they reaffirmed a debt with a regional tire retailer. That agreement specifically states that the debt will be considered reaffirmed until paid in full. The agreement states the exact amount (plus interest of course). One of the few records that people are advised to keep for a lifetime include bankruptcy papers and this is a good example why. If you do not have it, the lawyer that handled your bankruptcy might.
  #6  
Old 01-04-2002, 04:42 PM
pjs
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Thanks for the info. Last night when I got home I pulled out all of my bk papers and I read through the reaffirmation agreement, but nowhere on it did it state any 'terms' as to when it expires. I also read the letter I got with it from wards recovery, basically it said thanks for reaffirming with them and my credit charging privileges are now reinstated. Question for you: if I didn't use the card for 2 years after I paid it in full, then wasn't my obligation to wards fulfilled? I understand that if another creditor purchases accounts then they are entitled to the same repayment options as the original creditor had set up, but the balance on my account had been zero for 2 years, so technically I didn't owe anyone anything. I'm so confused, it seems to me that I just should have included it in my bk and I wouldn't be having to deal with this crap now. I'm closing the walmart account today - so does that mean my credit report will be adversly affected for 7 years from last August? (when I last used the card) Thanks
  #7  
Old 01-25-2002, 08:57 PM
pjs
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Success!!! Finally got the reaffirmation off my credit file. Took your advice Racer and contacted both Walmart and Equifax again with my tale of woe. Anyway, it's gone and my Fico score is back up in the mid 700 range. Too bad they couldn't have acted quicker with this when we were applying for our mortgage. Thanks again to everyone for your help and advice.
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