Remove bk items?

[CreditCrisis]

I have a bunch of items included in a chapter 7 bk from 2005 that are past there SOL. some are from 2001 some are from 2003 (credit card acconts) and then some say "Date open 01/2007" but the balance date is 11/2005. and my bk was 11/2005. wtf? is that legal?

my biggest question is, should i dispute these items in the bk? none can sue me if the can is opened, but what are my chances of actually getting some of them removed? fair? and most really are just erroneous accounts.

thanks for the help in advance!!!

[Trish]

The account from 2001 is definitely obsolete......you should be able to get that one off easily.
The one with the "date open 2007".......yes that is illegal. You need to dispute that one for sure. If they continue to report it incorrectly that's a direct violation.

[CreditCrisis]

nice. i think i can get all accounts that were included in my bk off! i'm trying to get the bk off too. should i wait to dispute all of these items til that dispute is resolved? or send those as well?

[CreditCrisis]

some of the accounts are credit card also. SOL is 4 years?

[Trish]

If you already have an investigation pending then wait until that one is over before disputing any more.

SOL for CCs depends on your state.......but that is the collection SOL that you are referring to, right? SOL on reporting is 7 years no matter which state you are in.

[CreditCrisis]

Damn. ok. but on a non bk credit card they will be more inclined to accept a settlement right?

[Trish]

Originally Posted by CreditCrisis

Damn. ok. but on a non bk credit card they will be more inclined to accept a settlement right?

Yes. They are more likely to settle for less since they can no longer collect on it. Although.......just an FYI.......if it's an OC, it might be more difficult. I have had a PITA OC acct that is 6 years old and they are STILL rude every time I try to settle and tell them I will pay them but only for $xxx amount.......the lady just says "no, you need to pay the full amount"......whatever. So I don't know if that's just my bad luck......lol....or it's this particular stubborn company.

It NEVER hurts to try to settle for less.
Just remember that if they do agree to settle for less..........GET IT IN WRITING.
And always be sure to add a clause that states that they will not transfer or sell the remaining balance to any 3rd party collectors.

[CreditCrisis]

yeah i got all that good stuff. got it from here actually and have settled a few accounts like that already. i acctually sent a settlment offer to a CA and they told me it had been rejected because it wasnt the full amount. DUH! thast why its called a settlement offer!

how can i get around that?

[Trish]

LOL.....go down there personally and beat them with a whipping stick?

That's my next idea.

[CreditCrisis]

hahah awesome. i love the idea!!

i'm currently disputing the account. if it comes back verified, then i will go beat some arse!