Legal advice for credit report violation

[VinnyT]

What is the name of your state? Virginia.
I filed for Bankruptcy in 2001. It was discharged, but a creditor failed to update the report. They had a 'Charge-Off' instead of 'Included in bankruptcy' I had equifax investigate it, and they updated it to 'Included in Bankruptcy' in Dec 2002. I downloaded my credit report a few weeks later and it was correct. A few days ago, I decided to check on my credit report again only to find that the creditor put the charge-off back on. Is this legal? I have ALL paperwork showing that it should be Included in Bankruptcy. They are preventing me from getting a loan. Do I have a case against them? BTW, it was for $4000, a nice chunk of change. I am planning on contacting a lawyer Monday. Thanks.

 

[JETX]

Your post only says that you got Equifax to amend the report but makes no mention of any efforts you made towards the reporting agency. So, what did the reporting agency say when you sent THEM the information and request that THEIR records be corrected?? If you haven't done that, then the reporting agency is under no legal obligation to 'self-correct' their records.

Send them a request for validation (as provided by the FDCPA) and include your bankruptcy information. Ask them to validate the account and to update their records. If they refuse or ignore your request, THEN you might have a cause of action against them.

 

[VinnyT]

Legal

I did contact the creditor. They agreed that it should've been changed, which it was for some time. Then I find out they changed it back to Charge_Off. Here is the progression of events:

1. Bankruptcy discharged Sept. 5, 2001
2. Got report in July. 2002 showed a Charge-Off
3. Had Equifax investigate it, called bankruptcy lawyer.
4. Got updated report from equifax showing that is was updated to be Included in Bankruptcy.
5. Got report in Nov., 2002 - Still showed Charge-Off
6. Had equifax reinvestigate it, called creditor. Said they would update their records.
7. Sent report to show that it was updated again like the first one.
8. Got report on Dec, 2002 - reflecting the update of 'Included in Bankruptcy'.
9. Got report this month, Charge-off is back on report.
10. Called equifax only to tell me that they would have to investigate it AGAIN. Now I'm thinking of taking legal action.

 

[JETX]

"I did contact the creditor."
*** No you didn't. Your post says you contacted EQUIFAX and that you CALLED (the) creditor.

That is NOT a legal 'contact' as required by the FDCPA. As noted in my post, you must WRITE the creditor!!

 

[bigun]

If it is not in writing, it does not count. As Jetx suggested, you need to give the OC a chance to correct the record and you need to prove you did so with a letter sent CRRR.
However, you may have a beef with Equifax. They must notify you within 5 days of a reinsertion. Did they do so?

 

[JETX]

Bigun, these things happen all the time. The CRA's (Equifax in this case), get these reports by electronic file (often several thousand at the same time) and simply 'run the tape' to their database. It doesn't sound to me like this was a valid 'reinsertion' issue.