ch 7 in 2000

[angel914]

Maui
I filed ch 7 bankruptcy in Oregon in Ocotber 2000 and it was discharged in March 2001. Recently, every creditor I filed bankruptcy on has changed their statements on my credit report from "Included in bankruptcy"; balance 0" to "Late payments, bad debt, showing balances (no mention of bankruptcy at all). I have tried having each of the credit reporting agencies to investigate and calling each individual creditor and none will change this innacurate information. My credit score has just plumited and I worked really hard these past 6 years to work it back up. What can I do? I now live in Maui.

PS
I just talked with one of my creditors and they maintain that they did not initiate the new credit changes on my credit report! For them, my file was in the "Dead" files being so old. I am getting the feeling this may be an Equifax issue. Can they just change info anytime they want?

[Debt Guy]

This sounds to me like some sort of internal mess up.

Send the CRA a certified letter, explain exactly what is in error, include a copy of your discharge and an old copy of your credit report showing the IIB notation and a new copy of your credit report without the IIB notation. Send the letter certified mail and return receipt requested.

If they don't fix it, all you can do is sue them.

[angel914]

I just find it very suspicious that one by one over the last 6 weeks all of these changes happend. Even after showing proof (yet again, had this problem although not as bad, last year). Equifax said they would do an internal investigation (this was after talking with them yesterday) and BAM! today I have ANOTHER item on my credit report that is from my bankruptcy 6 years old, showing inacurate data. IF it get's to the point I have to sue, what kind of attorney do I secure? How expensive could this get and how long could this take?

[Debt Guy]

Sueing them might not cost you anything. If you sue and win under FCRA they are required to pay your attorney fees. Sharp debtor rights attorneys know a slam dunk when they see one and will take on the case just to earn the fee.

So, your challenge is to make it a slam dunk. That means very very good documentation of the errors and your efforts to correct the errors.

To me that means to need to spend less time on the phone talking to them and more time sending letters certified mail return receipt requested. Your letters need to be clear and consise as to the problem and what action you need.

Seems I recall you said that you had spoken to one of the original creditors. I recommend this same series of dispute letters to the data furnishers (creditors).

Always, everything by certified mail return receipt requested. Keep copies of everything.

I don't know any lawyers in HI but when you get to that step, call the county bar association, explain what you are looking for and they should give you a referral.