What is the name of your state? NC
My former credit union pulled my CR about 2 weeks after I was discharged in chapter 7. They also have not updated my credit report.
I checked Pacer and I noticed that the letter sent to them informing them of the discharge was returned to the court because they had moved. Still I don't think if they checked by credit to look at the BK they should have done that...they should have checked with the court. Plus they are reporting a balance on all my accounts.
Here is the letter I wrote to them:
To Whom It May Concern,
As per my Equifax credit report, [My former bank] obtained my credit report on 5/23/2006 without my authorization. My accounts were already closed and my Bankruptcy discharged on 5/9/2006.
From the FCRA § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]
"(b) Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater."
From the 1998 FTC opinion letter at http://www.ftc.gov/os/statutes/fcra/greenblt.htm:
"Any person who procures a consumer report under false pretenses, or knowingly without a permissible purpose, is liable for $1000 or actual damages (whichever is greater) to both the consumer and to the consumer reporting agency from which the report is procured."
Please explain your permissible purpose for your obtaining my credit file. Should you not have a permissible purpose, please arrange for payment of $1,000 within ten (10) business days.
In addition, your company is violating the law by not correctly reporting my discharged debts to the credit bureaus.
FTC OSC section 607, item 6 states: "A consumer report may include an account that was discharged in bankruptcy (as well as the bankruptcy itself), as long as it reports a zero balance due to reflect the fact that the consumer is no longer liable for the discharged debt."
You are reporting the following erroneous facts:
My auto loan On Equifax and Experian shows a balance of $3,560. You also have coded the payment status as "Charge Off" on Experian and "Bad Debt" on Equifax. The balance should read $0, and payment status should indicate "Included in Bankruptcy". You also indicate the car was repossessed which is false. The report should indicate a Voluntary Surrender. Also, on Equifax the account is reported as still being open.
You show a balance of $988 on Equifax, coded as "Bad Debt", and $988 on Experian coded as "Charge Off". Again, the balance should be $0 and status should say "Included in Bankruptcy."
On Equifax and Experian you show a balance of $1,065, also coded as "Charge Off".
The inaccurate information you have placed on my credit report creates a cause of action for damage to my credit. I expect you to transmit accurate information to Equifax and Experian within ten (10) business days.
Very truly yours,
Any suggestions for anything else I should do? I also was denied credit a month or so ago. I am thinking about filing a small claims case.
My former credit union pulled my CR about 2 weeks after I was discharged in chapter 7. They also have not updated my credit report.
I checked Pacer and I noticed that the letter sent to them informing them of the discharge was returned to the court because they had moved. Still I don't think if they checked by credit to look at the BK they should have done that...they should have checked with the court. Plus they are reporting a balance on all my accounts.
Here is the letter I wrote to them:
To Whom It May Concern,
As per my Equifax credit report, [My former bank] obtained my credit report on 5/23/2006 without my authorization. My accounts were already closed and my Bankruptcy discharged on 5/9/2006.
From the FCRA § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]
"(b) Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater."
From the 1998 FTC opinion letter at http://www.ftc.gov/os/statutes/fcra/greenblt.htm:
"Any person who procures a consumer report under false pretenses, or knowingly without a permissible purpose, is liable for $1000 or actual damages (whichever is greater) to both the consumer and to the consumer reporting agency from which the report is procured."
Please explain your permissible purpose for your obtaining my credit file. Should you not have a permissible purpose, please arrange for payment of $1,000 within ten (10) business days.
In addition, your company is violating the law by not correctly reporting my discharged debts to the credit bureaus.
FTC OSC section 607, item 6 states: "A consumer report may include an account that was discharged in bankruptcy (as well as the bankruptcy itself), as long as it reports a zero balance due to reflect the fact that the consumer is no longer liable for the discharged debt."
You are reporting the following erroneous facts:
My auto loan On Equifax and Experian shows a balance of $3,560. You also have coded the payment status as "Charge Off" on Experian and "Bad Debt" on Equifax. The balance should read $0, and payment status should indicate "Included in Bankruptcy". You also indicate the car was repossessed which is false. The report should indicate a Voluntary Surrender. Also, on Equifax the account is reported as still being open.
You show a balance of $988 on Equifax, coded as "Bad Debt", and $988 on Experian coded as "Charge Off". Again, the balance should be $0 and status should say "Included in Bankruptcy."
On Equifax and Experian you show a balance of $1,065, also coded as "Charge Off".
The inaccurate information you have placed on my credit report creates a cause of action for damage to my credit. I expect you to transmit accurate information to Equifax and Experian within ten (10) business days.
Very truly yours,
Any suggestions for anything else I should do? I also was denied credit a month or so ago. I am thinking about filing a small claims case.