aggravated

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About aggravated

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  1. Thanks for the reply Direred. I was under the assumption that IIB would be better than charged-off, even if the balance does show $0. As far as selling to a JDB is concerned, HSBC sold it to Sherman several years before the BK-7 was filed. HSBC (as well as Sherman) was still notified (mailing matrix) and included on the schedule F. I might be looking at it wrong, but my assumption would be that they are still obligated by the FCRA to keep their listing accurate and up to date or quit reporting. I have had success getting some to update their TL's to IIB, even though they sold them to JDB's. Some of them have even dropped their listings altogether. I did this by just calling their customer support numbers and getting the calls forwarded or new numbers to call because of the status of my accounts. HSBC is being just plain nasty! Their customer reps talk right over top of you and don't let you get a word in edgewise.
  2. I should probably rephrase the question. Is it better to leave the listing "as is" or get it changed to "IIB"? If leaving it "as is" is better, then why? Thanks!
  3. Lady, You don't think that this should be reported as IIB? If so, why? Thanks!
  4. I filed my BK (Pro Se) 8-29-05. It was discharged 12-8-05. HSBC/CompUSA has refused to list an account that was included in my Chapter 7 as IIB with Experian. It has been disputed as IIB and verified by Experian with no change. It only took them 2 days to verify the TL. So I contacted HSBC/CompUSA. They claim that since they sold the account to Sherman Acquisition prior to my bankruptcy that they aren't required to update the status and told me to address any future concerns to Sherman. HSBC/CompUSA was on the the creditor matrix and schedule F as well as Sherman. Sherman (LVNV) has already removed their TL. Here is the TL........... HSBC/COMP Address: PO BOX 15524 WILMINGTON, DE 19850 No phone number available Account Number: 7001............ Status: Transferred,closed/Account charged off. $5,192 written off. Status Details: This item was verified and updated on Feb 2006. Date Opened: 11/1997 Type: Revolving Reported Since: 07/2002 Terms: NA Date of Status: 07/2002 Monthly Payment: $0 Last Reported: 07/2002 Responsibility: Individual Credit Limit/Original Amount: NA High Balance: $5,192 Recent Balance: NA Recent Payment: NA Creditor's statement: Account transferred to another lender. Account History: Charge Off as of Jul 2002 Does Sherman have the ability or responsibility to correct HSBC/CompUSA's TL since they are the current owner of the account? This almost certainly seems like a violation of 15 U.S.C. § 1681s-2 of the FCRA. Opinions on this would be appreciated. Is there anything in the BK code that would help? I can't find anything in the BK code that addresses reporting. Continued collection activity seems to be a long shot. If anyone knows of anything, please include the paragraphs and sections. Any Caselaw or staff opinion letters that might help would also be appreciated.
  5. What I have read about this case indicates that the defendants TL's were added Post BK. Could this be applied to a CA that reported before the BK and continues reporting post BK? For instance: 1. AAC reported 3 TL's prior to my BK-7. 2. AAC did report that I filed BK-7 and made the balance reflect $0. 3. I have disputed these 3 TL's since my discharge. 4. The CRA's verified. 5. I have not been contacted by mail or phone by AAC, so that isn't a problem. Is AAC now in violation of the BK code? Is continuing to report considered collection activity? If so, is the same true for an OC?
  6. Isn't continued reporting by a CA in violation of the Bankruptcy Code? It seems that it would be considered collection activity. § 524 (a) A discharge in a case under this title— (1) voids any judgment at any time obtained, to the extent that such judgment is a determination of the personal liability of the debtor with respect to any debt discharged under section 727, 944, 1141, 1228, or 1328 of this title, whether or not discharge of such debt is waived; (2) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor, whether or not discharge of such debt is waived; and (3) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect or recover from, or offset against, property of the debtor of the kind specified in section 541 (a)(2) of this title that is acquired after the commencement of the case, on account of any allowable community claim, except a community claim that is excepted from discharge under section 523, 1228 (a)(1), or 1328 (a)(1) [1] of this title, or that would be so excepted, determined in accordance with the provisions of sections 523 © and 523 (d) of this title, in a case concerning the debtor’s spouse commenced on the date of the filing of the petition in the case concerning the debtor, whether or not discharge of the debt based on such community claim is waived.
  7. I removed a vacated judgment from my credit report by just telling them that it had been vacated and dismissed with the effective date.
  8. What court is this in (Municipal, County, Fed)? Every FCRA/FDCPA Lawyer that I found listed in NACA.NET for Ohio were just BK Lawyers. They list themselves as FCRA/FDCPA but know nothing about the acts when asked about them. If you come across a good one in Ohio, post him/her. I have a case that I downloaded from PACER. It was a consumer who sued Midland/MBNA. I see that you are being sued, but there is some good reading in this case that should apply to you. PM me with an email if you would like a copy of it. It is zipped (5.5Mb). So make certain that you can receive that large of a file attachment. Here are a couple of other links here that may help as well. http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=22830 http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=26081&postdays=0&postorder=asc&start=15
  9. That is not true. My brother was the cosigner on my auto loan. His bankruptcy showed on my credit report. I got the creditor to remove the remarks by schmoozing, but it did show up. I have since filed my own BK. I am keeping the vehicle without reaffirming. Now it is showing up again. This is my opinion of what to do. Include the vehicle on your Schedule D, but don't include it on the mailing matrix. The creditor will never be notified. Just keep making the payments on time. If they get notification, they have to report it as "included in bankruptcy" if they normally report it to a CRA.
  10. Here is a link for the Fair Credit Billing Act (FCBA), Facts for Consumers page. http://www.ftc.gov/bcp/conline/pubs/credit/fcb.htm I can't find the section of the act that lists these "Other billing rights". Maybe somebody here knows? This quoted section is only part of the above linked page. Seems MBNA would be in violation of the first rule quoted for certain by opening a new account. I was never notified that they opened a new account when they charged off the original.
  11. I see some possible violations by MBNA for opening a new account to replace a charged off account. I don't know what this section of code is called, but I found it while searching for information about the Fair Credit Billing Act. I suspect that it is part of TILA, but cant determine this for certain. Anyhow, here is the link for it and part of the text. http://www.fdic.gov/regulations/laws/rules/6500-300.html#6500130
  12. What needs to be included in an affidavit? Doesn't an affidavit need to be notarized? I was under the impression that an affidavit was a sworn statement. Please, more info Methuss. Maybe a sample?
  13. Found a good case on PACER of a consumer suit against Midland Credit Management. Originally filed in a Magesterial District in Monroe County, Pa. It ended up in US Court for the Middle District of Pennsyvania. Midland ended up settling after stonewalling the plaintiff for several months in discovery. If Admin or Moderators are interested, I can zip up the PDF's and send them. This info might make a good sticky. Makes very good reading and information on what a CA lawyer is likely to come back with. MBNA was also named as a Defendant, but it looks like little was accomplished against them. Maybe some of the better trained users here would see something that I didn't. Am still looking for something to hang MBNA with for creating a new account when they charged off my other account.