|
First of all Where can I get a visa electron or Discover Card debit card? Hoping for any answer. Second question.. This is the response I actually received after TU yet again verified yet again. I also sent something along the lines of:. |
|
|
|
That's a good question. I'm not sure what is the right answer. I'll do some research and get back to you if I got an anything. You should email the people at Discover Card as they probably could give you an answer..
|
|
This is what I responded back with.. Basically the same letter above without the mention of pacer..
I€™d also like to know how TransUnion could keep such damaging information on ones file with no ways of disputing such entries with the data furnisher. Federal & State courts do not actively place such information on ones file, nor are they ever contacted when one sends in disputes. According to the exact text of US Bankruptcy code AND FCRA it specifically says UP TO 10 years, meaning it can be deleted at any time.. Per my rights under the FCRA, I have the right to dispute this information with the data furnisher to ensure complete accuracy. Since there doesn€™t appear to be a data furnisher, as you yourself have said "The court is not considered to be a €œdata furnisher€? then this is direct violation of FCRA Section 623(8)(D) and 623(8)(E) as one cannot dispute these items. Given this information, I am demanding that TransUnion delete my bankruptcy off my credit report immediately.. This post has been edited by beli: 28 January 2010 - 12:38 PM.. |
|
Of course you can dispute any information appearing on your credit report; and that right is detailed in section 611 of the Fair Credit Reporting Act. In fact, you may not realize that your right to dispute is actually limited to disputing only to the credit reporting agency under current law. A data furnisher is not obligated to respond to you directly about the manner in which your credit payment status or history is being reported by them. Certainly, most creditors do respond directly to consumers when they receive a direct dispute, however, the law actually doesn€™t require them to do so. I will also inform you that this circumstance will be changing in the very near future with the revision of the FCRA that was passed last year. In the end, your right to dispute exists and you must do so thru the credit reporting agency regarding matters that appear in the public record.
TransUnion has direct access to all federal bankruptcy records for every federal court in the country. We can obtain copies of every document involved with each case, if necessary. So, what is your dispute about the bankruptcy appearing on your report?. Ummm anyone know about a revision to FCRA? (btw, this is directly from VP of Customer service so I would assume they're on the up and up about laws).. |
|
Wow...I'm surprised you are having so much trouble getting TU to delete. They deleted my BK and DH's BK without a struggle. In fact, I sent one letter - pre-CB - and *poof* it was gone..
Now, if only I can get EX & EQ to do the same. They are still verifying despite have incorrect information listed. Both have incorrect file dates and incorrect file #s. I've tried everything and they keep verifying.. So, has anyone used a 623 dispute for a BK? If so, how did it turn out?.. |
|
That's what I'm trying to do now... and that was the Vp's response. Unfortunately there's nothing wrong, other then the fact that i'm trying to dispute it as obsolete..
This post has been edited by beli: 28 January 2010 - 01:02 PM.. |
|
I don't know if I am right or not, but I just read something last night .....
Http://www.aspratt.c...pdf/248_hgl.pdf. I thought it had something to do with Real Estate and Regulation Z was the other thing I read..... This one talks about credit cards, too. See pg 3 for the dates and descriptions.. Http://www.ncua.gov/Resources/RegulatoryAl...%28Final%29.pdf. I don't see anything though about disputing....maybe I missed something???. This post has been edited by cfj503: 28 January 2010 - 01:01 PM.. |
|
Yeah I knew about all the Discover card stuff.. but I was more specifically interested in FCRA since that's what he said was changing. Or at least some some of it, or our ability to dispute directly with Data furnishers is what I read it out to be...
|
|
You know, I was almost positive that when we filed BK in 2002 that we were told it would stay on our record for 7 years. Does anyone know when the 10 year time frame was imposed?..
|
|
Everything I find when I google "FCRA CHANGES AND 2010" pops up the same stuff I posted...or "effective 2010 FCRA changes" has to do with credit cards..
I think TU is just blowing smoke... |
|
I think so too.. tho I do have an e-mail to my attorney to see if she's heard anything. We'll see what she says.
That's what I was told too. It was in 2005 when the Bankruptcy laws changed, but someone posted they thought it was always 10.. Me, I'm being picky lol. I don't care when the laws were actually changed, because US Bankruptcy code & FCRA says UP TO 10years there's no requirement to stay the full 10years. That's what I'm gonna respond next with. I'm going on technicality Or trying to anyway.. This post has been edited by beli: 28 January 2010 - 01:15 PM.. |
|
Well, how do they decide that YOUR BK is going to stay for 10 yrs and someone else's if disputed will drop off in 6? kwim? They CAN report up to 10 years, but they also CAN remove it whenever.......
Or with mine...how they can keep verifying the wrong case #....it should be deleted. I don't care if they are checking under my name, if the info they have on there is wrong, they have to delete/correct it....pacer will not verify a WRONG CASE NUMBER. kwim?. This post has been edited by cfj503: 28 January 2010 - 01:37 PM.. |
|
That's what I'm saying....how the heck can they be verifying an inaccurate case number?..
|
|
Lady, I am thinking about sending a copy of the pacer page that shows there is NO SUCH CASE NUMBER...
|
|
Google Executive Customer Service and transunion should give you Vp of Customer service name #..
|
|
That would be good...as well as including it as part of a 623 dispute?..
|
|
Ya, I was thinking that. I've been dealing with other issues(CRA just putting IIB on things that weren't and then verifying and stuff!) and haven't attacked this again yet.
Wonder though if removal will give a good bump in score???? Beli, is that what your ultimate goal is? The score bumpage or are you being denied cards, credit etc because of the BK being on there?.. |
|
All my IIB stuff is gone. The BK record itself is the only thing left that would show I had filed in 2002. As for what will happen with the score, it's anyone's guess, but usually you see a decrease and then increase due to scorecard placement. My current scores are all in the mid-700's. I will be refinancing my house to a lower interest rate in less than 30 days so I'm not doing anything with this matter til after my loan is secured...
|
|
I would have to dig into some old files, since I have a pre-1997 copy of the FCRA somewhere at the house. However, I recall it having been 10 years on a BK even before the revisions that took effect back then.
As to the permissive language, you need to be acutely aware of the fact that you have nothing to rebut the continued reporting of the TL. In other words, there is nothing that would compel a removal prior to the maximum reporting window. Additionally, the harder you push, the more likely it is that it WILL remain for the maximum permissible period of time...there are times where executive attention to a file is a good thing and there are other times where it absolutely screws a person. Care to guess which category THIS issue falls in at this juncture?.. |
|
Yeah I'm starting to wonder Centex myself.
I just got a e-mail back saying there was no such wording but now I can't even find the damn paragraph in US Bankruptcy code that I seen and used in one of my letters (of course NOW I can't even find that letter as it had the exact wording of the code). Before 2005, I thought it was state specific. So while yours may have been 10, someone else's may have been 7.. This post has been edited by beli: 28 January 2010 - 02:13 PM.. |
|
Beli,.
BK is a federal statute. I don't think state law can trump it... |
|
Yeah, I know at one point I had the exact Federal statue written in a letter to TU but now I can't find either I know for a fact the bankruptcy code said "UP TO" 10years, but now I can't find the darned thing...
|
|
The Seham letter from 1998 contains reference to the 10-year reporting on a BK.
Http://www.ftc.gov/o...fcra/seham.shtm.. |
|
Beli,.
I cannot provide any help, but wanted to encourage you to keep thinking out of the box and looking for ways to get the BK deleted. You have courage!!!. Don't give up!.. |
