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SNEAKY COLLECTION AGENCY, PLEASE HELP!!!


bullio67
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Calling all experts... help please!!!

My routine credit report inspection reveals a newly-reported collection account in Equifax CR. This account is about 10 years old, and was included in my BK-7 filing in 1999. So I was surprised to see it popping up again in my Equifax CR, reported by some bozo CA named SR Financial Services in San Francisco. The funny thing is, they re-aged the account and reported the last activity date to be 05/2005... which really pissed me off because that is a blatant lie since I have not had any activities whatsoever on this account since 10 years ago.

Anyway, the first thing I did was to fire off 2 letters, one to SR Financial Services, and the other to Equifax. In the first letter to SR Financial Services, I told them to stop ALL collecting activities because this account had been included and dismissed in my BK-7 filing, and unless they wanted to appear before a bankruptcy judge, they had better stop. In my first letter to Equifax, I told them that the same story and included my proof of BK- 7 filing and my letter to SR Financial Services as well.

Equifax's first response: ".. verified by SR Financial Services... please contact SR directly ...bla bla bla with SR's address and phone number"

SR's first response: " ... we just bought this account and the previous account owner did not report it for 5 years... we are obligated by law to report it.... bla bla bla.... If you have any proof of your BK-7 filing, please send it to us and we will delete this account... "

So I fired off my second round of letters to both of them. In my second letter to Equifax, once again I told them that the debt was included in the BK-7 and provided them of the proof (the first two pages of the BK-7 filing which show all the BK information, plus the section where the account was listed as one of the debts to be discharged). In my second letter to SR Financial Services, I included the same information and repeated my request for them to stop all collection activities and delete their erroneous reporting from Equifax or I would initiate legal action on them in 30 days. I told them the proof I sent them is enough and out of my own good will since I do not have to furnish them with anything, and if they want to they can contact NARA and request the BK paper since it is PUBLIC information.

Equifax's second response: "... verified by SR Financial Services, please contact SR directly.... bla bla bla" It looks like these CRA bastards do not do anything and just verified it.

And here comes the funny thing, folks. My second letter to SR Financial Services to the same address .... the Post Office returned the letter as undeliverable... so I wasted my postage stamp and postal fee. I do not know if these CA bastards refused the letter the second time, or that the Post Office is just lame... How do I know if they refuse the letter? Oh and by the way, these CA bastards seem to deliberately NOT sign for any of the letters that we mail to them using the "green" receipt. I knew that because I went on the Internet to check the receipt and there is nothing there showing that they received it, but they did receive it the first time... so how did that happen that they received the letter, yet the Post Office failed to post the "delivery" information on the Internet.

Anyway, at this point, what should I do? Regarding Equifax, should I ask for method of validation now? I thought since the account was included in a BK filing, and I do have all proof, it would be an easy case, but now it turned out to be more troublesome than I originally thought. Both of these bastards are blaming someone else for their problems. Can I sue any of them at this point? And if I do sue, what would be the legal grounds?

Any advice on what to do at this point would certainly be appreciated.

:(:(:(

THANK YOU AND GOD BLESS.

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First...

As a general rule, I recomend you send all correspondence by certified mail with return receipt requested (CMRRR) AND send a copy by first class US mail with a proof of mailing.

Second, while this is a very BIG issue for you...your problem is just one of thousands the Equifax deals with every day which means, among other things, they they don't really do much of anything with your request...the only thing that works with the bureaus is to cover them up in letters until they finally DO something or to serve them with a lawsuit.

Third, if this was included in BK (and I've not doubt of that) then you WILL win this. It also means that you really have this CA by the balls if they keep playing around with you.

GO GET 'EM

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To add to my learned collegue's response, you might want to look for a consumer rights lawyer. There are definitely violations fo the FCRA and possibly the FDCPA. Many of these lawyers work on contingency, which means you pay nothing unless you win. As you have been given a few lemons, might as well make lemonade.

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How are you disputing this with those dolts at EQ ??

If the last time you paid on this account WAS 10 years ago, then you need to dispute it as OBSOLETE, NOT just IIB ! They CAN NOT allow any negative to be reported for more than the statutory 7-1/2 years from date of first delinquency. You REALLY need to attack them with that as THAT is the FCRA issue here. The violation of your discharge injunction must be pursued thru the BK court.

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I sent 2 letters each to Equifax and SR Financial Services.

Regarding Equifax, both times I disputed the account as included in BK-7 filing, and provided them with paperwork showing my BK-7 filing and the specific account in question on the actual Schedule D. It seems that they just didn't read the letters, nor do they care. They just "verified" it both times, and referred all of my further questions over to SR Financial Services. I guess as far as Equifax is concerned, this account is "alive and well" since those bozos at SR Financial Services reported its DOLA being in May of 2005 (which is a total fraud, I think, since I have no activities on this account since 1995).

Regarding SR Financial Services, they received my first letter in which I advised them basically the same thing I advised Equifax, without the supporting paperwork. They responded to me saying that "they just recently bought the account... the previous owner of the account did not do anything for 5 years... they had to report the account to EQ by law... and if I have any evidence of my BK filing, please forward it to them so they can delete the account ... blah blah blah" So I sent them the supporting document along with another stern letter advising them NOT to collect on an account that was already discharged under US Bankruptcy law, or I will initiate legal actions. Anyway, this second letter to SR Financial Services was returned by the USPS as "undeliverable". This is funny because you can easily do a Google search on SR Financial Services in San Francisco and obtain the whole contact information on them. Also, they got it the first time, so what really happened the second time is mind boggling. I wonder if they refuse to accept it the second time??

Anyway, at this point, should I:

1) Ask for method of debt validation from EQ, or should I just sue them, and on what ground?

2) How should I deal with these sneaky bastards from SR Financial? Can I sue them, and on what ground?

Thank you so much for your help, LadynRed. God bless.

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they had to report the account to EQ by law

That's BULL !! There is NO requirement that any creditor report to the CRAs at all, but if they DO report it must be accurate, complete, and verifiable. Just because they bought it in 2005 does NOT mean they can put an OBSOLETE debt on your reports and that is EXACTLY what they have done !! You've got the PROOF that the debt is obsolete - tear them a new one !!

The debt is 3 years past the 7 year reporting period, they are violating the FCRA by putting an obsolete back on your reports AND reporting inaccurate information.

SUE THEM !!!!!

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