Auntnana Posted July 30, 2004 Report Share Posted July 30, 2004 Haven't posted in a while....I've just been in the waiting process.Quick recap.. Filed bk and car loan was included because oc dropped the ball on the reaff agreement. Paid car off but when I called to get payoff amount it sent up red flag and they started tacking on all kinds of "collection fees", won't release title unless I pay late fees and collection fees.They pulled my credit report 7 times AFTER discharge. I filed in small claims court but case was removed to fed court. Got a letter from the oc's lawyer asking me how much I am willing to pay them to release my title. (Yeah, right ) In their answers to my complaint they state they never pulled my credit report and even if they did, they had a right to to see if I was still meeting the terms of my agreement. In the very next paragraph, they admitted that a reaffirmation agreement was never signed. They also admit the debt was discharged in ch7 bk.I have the EQ reports showing when they pulled my cr, they admit it was discharged and they admit no reaff was signed. Yet they still claim they had a right to pull my cr and to try and collect the debt?So my question is... should I send them a letter refusing to pay them anything but saying I would be willing accept a settlement from them for violation of the FCRA? If I send them a letter, should I send copies of the EQ cr? And should I include a copy of the FTC Gowen letter (no permissible purpose)?Any help is appreciated! Link to comment Share on other sites More sharing options...
LadynRed Posted July 30, 2004 Report Share Posted July 30, 2004 You need to include not just the FCRA violations but their blatant violations of the bankruptcy law ! They're trying to collect on a DISCHARGED DEBT and that if flat out ILLEGAL !! ANY payments you made AFTER discharge were VOLUNTARY, especially since the bone-heads blew the reaff. Tell them that they will be paying YOU in the form of fines and sanctions from the Federal Bankruptcy court for their violations of the permanent injunction of your discharge ! Link to comment Share on other sites More sharing options...
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