HELP! Capital One not reporting correctly

Question

Hello everyone,I filed my case BK 7 on 05/15/2015, had my 341 meeting, and am now patiently awaiting my discharge to arrive in the mail.  I've been monitoring my credit report via CreditKarma and have been noticing most of my accounts being updated as, IIB, and closed with zero balances. Capital One, however, is not showing "included in bankruptcy." The balance was updated to $0, but the payment status shows, "Collection/Charge Off." I called Capital One and they told me they sold the account to a collection agency and there was nothing they could do to report the account as IIB.  They said that when they had the account, they could have reported it correctly, but since they sold the account, they only report information from when they owned the account.  They gave me the new account owner and told me this is who I should contact. I understand what the rep is saying, but I can't believe that this account can not be updated to report as IIB.  Will this account continue to report on my CR as a charge off?  Has anyone else run into this issue?  Please help!  I am trying to get my reports as cleaned up as possible before my discharge. Thank you in advance for your repies!

Answer 1

0REDSOX7 wrote:
It is valid because they sold the debt to a collection agency prior to your filing.  They do not own it anymore.  So they report it as Collections/Charge Off. If/When the new creditor decides to report it to your credit report, it will have to say zero balance, and IIB.  And yes, the CA will be able to report it even if it was discharged (so long as reporting is accurate) as it was sold/transferred prior to your filing.With all do respect I disagree wholeheartedly with this. Yes, creditors can and do report accts previously sold/charged off prior to filing, as such. However I do not feel that it has to end this way. My recent experience with getting an original creditor (Credit One) to report as iib/0/closed, is a testament to this. Basically, I had 2 creditors reporting to Equifax that my CH7 discharged accounts were 'sold/transferred/charged off'. Naturally, like the OP, I was concerned and didn't think this was right. So, I filed an initial online dispute with Equifax, against the entries for both creditors. Ultimately Equifax found in favor of the creditors, stating that they were reporting correctly. I was LIVID! After that, I filed a second dispute, this time via certified mail and providing copies of my Schedule F inclusion of both creditors, as well as a copy of my discharge order. Similarly, Equifax again found in favor of the creditors and refused to adjust the entries. Here is where it gets better and where I hope it gives you something to look forward to: I gathered all of my documentation up and called Equifax on the phone. My initial motive for placing the call to Equifax was to get an answer to one simple question: "How could anything that the original creditors report to you, supersede documents from a discharged US Bankruptcy order?' I spoke to a halfbrained CSR at first and asked exactly that question. After haggling a bit, his ultimate answer was that he couldn't disclose any information to me on what response was given from the original creditors. This is a clear violation of law. The CB's must provide to anyone who disputes a credit entry, the exact data included in the response from the creditor. Hearing "I cannot disclose" from this CSR sent me into stratospheric anger. I asked to speak to a supervisor. The call took a better turn. After reviewing my schedule F inclusion of the creditors and the discharge papers, the Equifax supervisor agreed that the creditors were reporting unfairly and inaccurately. The supervisor has the 'Specialty Department' make the two entries for these creditors immediately update to 'iib/0/closed'.  All is well with that aspect of my story. My point is, don't lie down and just give up OP. Just because the original creditor doesnt' have to play ball, doesn't mean you can't get it reported the way you need it to. Be persistent. Gather your papers and call them. Don't lay down and accept it.