CRA reporting bk...never filed
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Posted by nc
(208.190.181.225) on February 17, 2003 at 12:28:00:
Hi Guys, I have decided to send intent to sue letter to the CRA that is reporting me as filing bk when I have not (not on this account or the filing date they show). The bk doesn't appear in my public record. I have a creditor that shows I filed in 2000. It was my ex that filed in 2000. My name isn't ANYWHERE on this bk and the way the bk papers were done, I have no liability because the creditors accepted the bk without contest. I read somewhere that this particular agency accepted the settlement of the class action suit regarding falsely reporting bk's on co-signers credit reports, when they in fact have not filed. I was ready to accept this derog as not being able to have it removed, until I applied for credit and the rep told me I filed bk in 2000. They refused to listen to me when I said I never filed. I was so angry. This is complete and total libel. The fact that this ONE account says bk and no where else, is keeping lenders thinking I filed. If anyone else is having this same prob, let me know. I am putting together an ITS letter today. I have already dealt with the OC on this and they won't budge. I have disputed the matter 2x with the CRA. They keep reporting false info re: bk and even the dates on the account. I know it is just info the OC is giving them, but I have pointed out that this CRA is knowingly reporting false info. I had full intention on going after the oc as well. Okay, here's the run-down. It was a joint account that my ex and I had while still married. He filed bk without telling me and I only found out at the trial divorce. There are some things that should have happened. a)Since he filed for an individual bk, he should have notifed me by listing me as a creditor...since it was a community property state and he was indeed responsible for half the debt. If filed properly, his filing bk should have made me 100% responsible, therefore, I would have been a creditor to him for half the total amount (heard this from attorney) b) he should have included on the schedule H all other responsible parties (namely, me). This page is for co-signers, joint debtors, etc. It specifically states to list anyone else liable for these debts. On the other schedule (schedule F) that asks for all the debts being filed upon, he reported the debts as joint, but left my name completely off of the bk. So, if the debts are joint, but no one else is responsible according to the schedule H, then HE has assumed the resposibility according to the filings of the bankruptcy. At this point, if a creditor contests the information or the filing itself, the 341 meeting of the creditors is held for dispute purposes, etc. My standpoint is that all of the creditors saw this information in the filing, had the opportunity to contest the fact that it was a joint debt filed with no other responsible party and accepted the terms of the bk as the papers stated.
Sound like a longshot, but I have had success with this for all of the other debts. This creditor wont budge. I have disputed this 2x with this bureau, but no luck. I know I am risking waking the giant, but at this point....Just hoping it doesn't reappear on the report I've already had it deleted from. I just got off the phone with this CRA and the guy said he can dispute it under "bk filed by another" Not sure if this will work, since OC verified the info twice after "not mine" and "not liable" reasons failed. I know this attempt will fail too. Last time, OC updated my file with wrong name and an address I never lived at. Took a bit to fix that one.
That's what I don't get...my name is completely different, my address is different, yet they still verify!! Well, looking for a good template and any comments. Thanks
NC
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