Trans Union question.

[DewAndCey]

What is the name of your state? Indiana

Well I am not sure if this is a bankruptcy question or a debt collection question. But here goes. We filed back in 2001 a Chapter 7. We were discharged of all debts. I , at that time , never thought to pull a credit report. Didn't know that you could dispute things etc.

Well recently we pulled our credit reports and there were some on there that were included in the bankruptcy. I got ahold of Experian and Trans Union and disputed all of them. Trans Union sent out updated credit reports though leaving one account on there that was included in the bankruptcy.

I called the collection agency to double check to make sure I did NOT have an open account with them. They claim that the only account that showed WAS an included in bankruptcy account. The collection agency said that I owe them $0. So I get the womans name and call Trans Union back yet again to dispute it. TU employee said that the collection agency did NOT say that it was included in bankruptcy so it was considered a collection account and it would still be reported etc.

I then , with the man on the phone , three-wayed the collection agency. They confirmed to TU that it was included in our bankruptcy and that we owe nothing to them etc. etc. etc.

Then yesterday I receive a letter from Trans Union stating that they would not update/remove this account. And that they consider my dispute "frivilous"...Now the original collection agency is sending me out an official " They don't owe jack , because it was included in bankruptcy" letter.
I plan to send yet another dispute to Trans Union this time in the mail. And yes I will send it certified , get their signature etc.

But my question is : If they receive this letter from the collection agency stating that it is no longer a collection account. And that it was included in bankruptcy. And Trans Union still refuses to update/delete this account and keep it on there. What legal recourse can I take against Trans Union ?

Thanks in advance !
Stacey

 

[JETX]

"If they receive this letter from the collection agency stating that it is no longer a collection account. And that it was included in bankruptcy. And Trans Union still refuses to update/delete this account and keep it on there. What legal recourse can I take against Trans Union ?"
*** First, it is important for us to understand EXACTLY what you expect to be shown on your credit report. For example, if they are showing that this debt is zero balance and was discharged in bankruptcy, that is accurate. The fact that the debt was discharged in bankruptcy does NOT remove it from your credit history....

However, if it still shows as an outstanding account or does not reflect its discharge, then that COULD be a violation of the FCRA (Fair Credit Reporting Act) and could be subject to actions per §616 and 617 therein.
BTW, the FCRA can be found at:
http://www.ftc.gov/os/statutes/031224fcra.pdf

 

[DewAndCey]

It still shows up on my 7/2004 credit report as an open collection account. And has a balance as well.

I disputed this with TransUnion and the "claim" that when they tried to verify it with Rapid Pay that it was a valid debt. Though when I have contacted Rapid Pay they claim it was included in a bankruptcy and that I owe them $0. That I have no accounts "OPEN" with them at this time in a collection status.

However , TransUnion seems to think that it is still a collection account with a balance etc. Sad part is , there were other accounts at Rapid Pay that we included on our dispute and there wasn't a problem getting them disputed etc.

Just this one account is all. And Rapid Pay the collection agency says I do not owe and have not had an open account with them since 2001. Rapid Pay is being more than obliging in assisting me with getting this disputed and updated. It is TransUnion that is giving me a rough way to go on this one. And according to them (TU) because they consider it frivilous that I cannot dispute it further or add a consumer statement to my report. The reason I am disputing/cleaning up our credit reports/credit is that we are looking to obtain a mortgage in the next year or so. And I want all loose ends tied up etc.Since we filed in 2001 and was discharged we have not added anything derogatory to our credit report. If anything we have added positive accounts that have been in good standing since our bankruotcy went through.

And as I said the original creditor which was a hospital was included in the bankruptcy as well as Rapid Pay the C/A for this account. And Trans Union keeps shooting back that this was NOT included and is still an owed account.
What I am trying to accomplish is either getting it updated correctly or removed period. Because if someone was to pull my credit report and see that I have an open collection with a balance etc. It doesn't look good , I know that one included in bankruptcy doesn't make it look any better persay. But with the time that has expired it will roll off my credit report in 9/2005 as that will be the 7 year mark. But , again we plan to apply for a mortgage before then. And I do not want open collection accounts hanging out on either of our credit reports when in fact . We were discharged of the debt and it should reflect accordingly...