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    kenworth900's Avatar
    kenworth900 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 26, 2009, 08:48 PM
    Bankruptcy and corrections on credit report
    I am in Canada so hopefully someone can help. I went bankrupt and my trustee told me to check my credit report. I did. There is an item shown has being written off in bankruptcy which it wasn't. This item was paid in full before bankruptcy. I even gave Equifax a copy of the paid bill with the dates showing before bankruptcy!:confused: They refuse to correct it and continue to tell me it is part of bankruptcy. My trustee said NO its not and no where on our papers does it show this item. I am furious:mad: and wish I could take THEM to court. Also there is a judgement appearing on my wife's credit that we know was paid but have no documentation. How do we correct this. We lost our home to pay this debt (they gave the house away) but they got their money but we have never been given anything to show it was paid.:( Any help would greatly be appreciated because we are having such a hard time and just trying to get our lives back on track.
    sandkicker's Avatar
    sandkicker Posts: 43, Reputation: 3
    Junior Member
     
    #2

    Jan 27, 2009, 12:30 PM
    RE: "There is an item shown has being written off in bankruptcy which it wasnt.....They refuse to correct it.." What is written off in a BK is listed in the BK court papers. Try sending them a copy of these...
    Also... credit reporting agencies rely on what the creditor tells them when you disputs an item. Try contacting the creditor.

    RE: "Also there is a judgement appearing on my wifes credit that we know was paid but have no documentation. How do we correct this"... You could try sending a certified letter to the creditor asking them to report the judgement as satisfied. My experience with this is that you will probably have to pay an attorney to resolve this. One client of mine had this problem and after a year of them and an attorney sending letters, they ended up with having to pay the attorney to file to have the judgement listed as satisfied.

    Creditors are quick to file a judgement, but very very slow (at best) to report it a satisfied.
    Iknowalotofstuff's Avatar
    Iknowalotofstuff Posts: 144, Reputation: 1
    Junior Member
     
    #3

    Jun 16, 2009, 03:00 PM

    Credit reporting agencies are regulated in each province by statute. Ministries in each province enforce the statute. File a complaint with the government and let them assist you in getting the matter corrected.

    You can sue a credit bureau if they are negligent and if you can prove damages. Assume you apply for a loan that would give you a particular benefit. Assume you are denied the loan due to an error by the Credit Bureau. You provide the CB with proof of error. They refuse to correct error. You can sue them for the damages you suffered due to their negligence. They did not exercise a duty of care in correcting the problem and it was foreseeable that you could suffer damages if they did not correct the error. Credit bureaus have been sued successfully before.

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