What is the name of your state? California
I filed for BK 13 in January 2001, which was later dismissed in October 2002.
Later, in 2001, I started to have some problems making my home and the line of credit payments, and the original home lender requested a relief from stay. It was granted, but before the trustee granted the relief I had secured a buyer for my home. As soon as my lawyer was notified the stay was granted, and since I was already in escrow, the title company called the Trustee's office and had a copy of the order faxed to them and got the payoff amonuts for all three of the loans on my home.
I sold my home in March 2002 and paid off the home equity line of credit that I am now having a problem with. I noticed in January of this year that the creditor was not reporting the account as paid, but as a charge-off.
I disputed with the CRA's in March and Transunion deleted in April. Experian and Equifax verified. I disputed with the creditor directly and faxed proof of the payoff w/other docs, and was assured, when I talked to the person that had the authority to make the changes to my credit reports, that the corrections would be made. Changes were made, but not accurately and completely. For example; on Equifax, “Paid” was inserted in the “Activity Description” and not in “Current Status,” “Charge-off” was inserted there, so I continued to call/fax and dispute with the creditor. My last fax to the creditor in June was to either correct the information or delete the account.
On June 26th, Equifax Score Watch sent me an e-mail alert, “Consumer disputes – reinvestigation in process,” however, my letter requested the date the account would become obsolete. Equifax took it as a dispute and notified the creditor.
On July 23rd, I got another credit alert from Equifax Score Watch that new information, “Paid charge off, Home Equity,” was added to my account. I thought, finally, she got it right. I didn’t gain any points, but I didn’t lose any either because the account is almost 7 years old.
On July 25th, I got another alert from Equifax that new information, “Foreclosure,” was added to my account. What happened in between July 23rd and the 25th, to make this creditor change the information from “Paid charge-off” to “Foreclosure” is a mystery to me. Perhaps, she didn't think to kindly of my last fax to her. I don't know.
Anyway, my Transunion report got much worst in July when I sent a letter to Experian and Equifax requesting the date the account would become obsolete. Instead of getting the obsolescent date from the creditor, the account that was deleted in April was reinsertion on Transunion. My FICO score decreased 65 points when the creditor added “Foreclosure redeemed, Closed July 2007, Current status 120 day past due, Overdraft/Reserve Checking Account.”
On Equifax, “Paid charge-off” was deleted and “Foreclosure, 120 days past due, charge-off March 2005, Date Major Delinquency 1st Reported July 2007, Installment account” was added to the report.
Experian stayed the same with, “Paid/ was a charge-off October 2003, Revolving account.”
My home was never foreclosed and no legal proceedings were ever started; I checked with the orignial creditor of my primary home loan, the secondary line of credit lender, the courts and county clerk office.
When I asked why the creditor listed my account as a charge-off in October 2003, I was told that it was the CRA’s fault and I had to dispute with them because they charge-off the account in December 2000. On an account activity statement that I received from the creditor in January 2001, it states that on December 29, 2000 the creditor foreclosed on the equity line of credit, and not charge-off the account as they had claimed.
The reinserted and new information is completely false and caused a big decrease in my Fico score for Transunion. To reinsert deleted information the creditor would have to certify to the CRA's that the information is complete and accurate. It is not.
Can I sue the creditor for knowingly and recklessly violating the FCRA?
Thanks,
Miss J
What is the name of your state? California
I filed for BK 13 in January 2001, which was later dismissed in October 2002.
Later, in 2001, I started to have some problems making my home and the line of credit payments, and the original home lender requested a relief from stay. It was granted, but before the trustee granted the relief I had secured a buyer for my home. As soon as my lawyer was notified the stay was granted, and since I was already in escrow, the title company called the Trustee's office and had a copy of the order faxed to them and got the payoff amonuts for all three of the loans on my home.
I sold my home in March 2002 and paid off the home equity line of credit that I am now having a problem with. I noticed in January of this year that the creditor was not reporting the account as paid, but as a charge-off.
I disputed with the CRA's in March and Transunion deleted in April. Experian and Equifax verified. I disputed with the creditor directly and faxed proof of the payoff w/other docs, and was assured, when I talked to the person that had the authority to make the changes to my credit reports, that the corrections would be made. Changes were made, but not accurately and completely. For example; on Equifax, “Paid” was inserted in the “Activity Description” and not in “Current Status,” “Charge-off” was inserted there, so I continued to call/fax and dispute with the creditor. My last fax to the creditor in June was to either correct the information or delete the account.
On June 26th, Equifax Score Watch sent me an e-mail alert, “Consumer disputes – reinvestigation in process,” however, my letter requested the date the account would become obsolete. Equifax took it as a dispute and notified the creditor.
On July 23rd, I got another credit alert from Equifax Score Watch that new information, “Paid charge off, Home Equity,” was added to my account. I thought, finally, she got it right. I didn’t gain any points, but I didn’t lose any either because the account is almost 7 years old.
On July 25th, I got another alert from Equifax that new information, “Foreclosure,” was added to my account. What happened in between July 23rd and the 25th, to make this creditor change the information from “Paid charge-off” to “Foreclosure” is a mystery to me. Perhaps, she didn't think to kindly of my last fax to her. I don't know.
Anyway, my Transunion report got much worst in July when I sent a letter to Experian and Equifax requesting the date the account would become obsolete. Instead of getting the obsolescent date from the creditor, the account that was deleted in April was reinsertion on Transunion. My FICO score decreased 65 points when the creditor added “Foreclosure redeemed, Closed July 2007, Current status 120 day past due, Overdraft/Reserve Checking Account.”
On Equifax, “Paid charge-off” was deleted and “Foreclosure, 120 days past due, charge-off March 2005, Date Major Delinquency 1st Reported July 2007, Installment account” was added to the report.
Experian stayed the same with, “Paid/ was a charge-off October 2003, Revolving account.”
My home was never foreclosed and no legal proceedings were ever started; I checked with the orignial creditor of my primary home loan, the secondary line of credit lender, the courts and county clerk office.
When I asked why the creditor listed my account as a charge-off in October 2003, I was told that it was the CRA’s fault and I had to dispute with them because they charge-off the account in December 2000. On an account activity statement that I received from the creditor in January 2001, it states that on December 29, 2000 the creditor foreclosed on the equity line of credit, and not charge-off the account as they had claimed.
The reinserted and new information is completely false and caused a big decrease in my Fico score for Transunion. To reinsert deleted information the creditor would have to certify to the CRA's that the information is complete and accurate. It is not.
Can I sue the creditor for knowingly and recklessly violating the FCRA?
Thanks,
Miss J
What is the name of your state? California