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Do I have any right of protection from this?

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WCambridge

Junior Member
What is the name of your state? California

I hope this is the right forum to ask this.

Back in 1996, I filed for Chapter 13. In good faith, despite my failings and difficulties at the time, I still wanted to pay my creditors what I owed them. I had filed my case through a law firm. The board of trustees, upon receipt of my case, have sent out notices to all my creditors asking them for validation or balances on my resective accounts to determine total money owed for repayment. There were 3 merchants (unsecured CC) who either did not respond, or reported my balance with them as '0'.

The term was a 36 month plan. Once the total amount owing was determined, the court gave me a date to start my payment through them. For the next 36 months, without fail and without being late even one time, I paid the trustee religiously.

Unbeknownst to me, apparently right at around the 24th month, IRS (which is one of the people I owed money to - filed a notice that I owe additional taxes from my then-current tax year filing (which I arranged payment for with them by letter and telephone call - and I did). Consequently, the Trustee sent out a letter to my attorney's office (for contention of some sort) and they, according to them, in turn sent out a letter to me. I never got the letter as I moved during that time. I got a copy of the USPS notice of change of residence to prove that there was not a reason I shouldn't have received that notice.

Long story short ('m sorry), none of this came to my attention and I still continued to make my payments to the board of Trustee not knowing anything was going on. I even have a copy of the statement saying I paid all 36 payments. However, because of the IRS' notice, they apparently delegated some of the proceeds to IRS and eventually 'dismissed' my case despite my 36 payments.

All of this came to my attention 8 months ago when I pulled my credit report (10 yars snce my original filing date). On my profile, there is a negative report from GE Capital. It reported that I was 180 days 'late' (2005); that I have an account still active with them; and that I requested the account to be closed inconsistent information). On Experian, they report that I have a '0' balance; and on Trans-Union, I have a $182.00 balance. None of this is true.

According to the Trustees record, while GE Capital was one of the merchants I included in my filing, they (GE Capital) reported at the time that I did NOT owe them anything, thus there were no payments scheduled to be delegated to them. But because the court dimissed my case, GE Capital said that according to their record that I do in fact have a balance in that account.

Since my filing and the ensuing payments to the Trustee, I have been trying to build my credibility once again. Despite timely payments and better management, I couldn't understand why my point rating was being cited as one reason I can't seem to get over a hurdle. I previously dismissed most of this as the 10-year consequence I had to go through for filing bankruptcy; until I requested a copy of my credit report and eventually saw GE Capital's entry. The bankruptcy is already out of my profile but GE remains. I've contacted them and I was advised despite my plea and my request, this will remain in my profile.

Is this right? Do I have any legal right to have them remove this in my profile?

I'm sorry this is long, but I will appreciate it if you could shed some light for me.

Thank you.
 
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WCambridge

Junior Member
(I tried to view the post prior to posting to edit errors, but had unfortunately it posted prematurely)...

What I contest with GE was that, I am NOT 180 days delinquent with my account in 2005. Even at this time, I do not recall if I in fact owed them anything at all back then since I was obligated to tell the trustee all my creditors regardless if I owed them money or not.

This account is not active but is reporting to be so in one agency.

I had mentioned that they were the ones who reported I didn't owe them anything to the trustee originally.

Thank you.
 
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WCambridge

Junior Member
No. My Chapter 13 case filing was in 1996. My account with GE was open during this time, thus had I have a balance with them prior to that date, I would've made payments to them prior to my filing date. Since the chapter 13, I made payments to the board of trustee only for all the creditors on file. GE's recorded file on my case statement is shown as '0'.
 

WCambridge

Junior Member
Thank you for that assistance moburkes. If you don't mind...

What basis am I to contest and have this entry be removed from my profile? Statute of limitations, inclusion on previous settlement/bankruptcy, or bogus reporting (or their part), etc...?

Thank you.
 

WCambridge

Junior Member
Thank you for the replies. I am writing to the CRAs today for this contention.

A thought that crossed my mind however is, do I need to worry that the case was dismissed? The bankruptcy is already wiped out of my profile since the filing date is over 10 years, but since the final decision was a dismissal, am I opening up a can of worms to the CRAs by bringing this back to attention?

The irony of this whole thing is, I over-paid the IRS by virtue of the payment arrangements I had with them, but because they contacted and notified the trustee at the time they did, the trustees delegated additional monies to them when they apparently did not get a response back from me/my attorney. I received a refund check from the IRS for over-payment because of the doubling. I remember being confused about the refund then, but it eventually all made sense.

The question now is, do I need to worry about the possibility of bringing back the bankruptcy in my profile by virtue of it being dismissed?

Thank you.
 
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Ladynred

Senior Member
Ok, just so you know WHY these ancient negatives cannot be on your reports, I'm going to elaborate a bit.

The Fair Credit Reporting Act (FCRA) sets out a set time limit for negative entries to remain on your reports. The period is 7 years plus 180 days beginning with the date of first delinquency that immediately preceded placement for collections and/or charge-off. So, if the last time you paid GE anything was 11 years ago, that entry is 4 years PAST the legal limits for being on your reports. If a collection agency has pasted this to your reports, they are guilty of illegally re-aging the debt to keep it on your reports, it's called 'running the statute'.

Bankruptcies can stay on your reports for 10 years and there are a few other exceptions not relevant in your situation.

Dispute the entry with the credit bureaus as suggested above - obsolete and illegally re-aged. Send your WRITTEN dispute to all 3 bureaus and I'd send it certified, RRR and keep copies of everything.
 

WCambridge

Junior Member
Thank you for the information, LadyinRed. You, along with everyone who replied, have been so kind for taking your time to do so...

I have mailed the contention letters to the 2 CRAs. Experian no longer accepts dispute by mail or telephone, I could only do so online and they limit you with 150 characters. Meaning not enough for a comprehensive explanation. I'm hopeful it will be adequate nonetheless.

Maybe once I get their replies, I'll post an update.

Thanks everyone !
 

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