Jump to content

BK Question- Discharge


amoor42
 Share

Recommended Posts

I filed BK back in May and received my discharge 7/19/05. I just got my Experian credit report there is something on there. It's Credigy Receivables (original creditor was Discover). In the status it says it is collection account, past due as of Oct. 2005. It doesn't have anything about the BK. I haven't received any letters from them, but I'd like to get this cleared up. Do I just send a copy of my discharge to Credigy? Do I dispute it with Experian?

Thanks!

After filing BK with a Discover and Capital One card, will I ever be able to get another card from the companies?

Link to comment
Share on other sites

Dispute with Experian as "this account was included in a bankruptcy." Although some here will tell you "deny, deny, deny," you have to do what is right for you. Some people feel comfortable disputing legitimate debts as "not mine" etc. on the off-chance that the creditor will not respond and it will be removed. If you're one of those people, be my guest. Gotta say, though... if they reported in October, chances are not good that you'll be successful with that ruse.

As for future cards... Capital One, yes. Discover, unlikely.

Link to comment
Share on other sites

If you included the debt that Credigy is after in your BK then you CAN send them a letter. You tell them that they are violating the permanent injunction of your BK discharge by continuing collection activity, and reporting a collection on your credit report IS considered collection activity.

You tell them that if they don't immediately cease and desist ALL collection activity, including reporting to the bureaus, and remove their entry to your reports, that you will pursue contempt charges against them in BK court, as well as sanctions and damages.

List your BK case number, filing date, and discharge date. You could also send a copy of your creditor matrix with the debt highlighted - and cover up all other creditors.

SEnd it certified, RRR. If they don't stop, nail them. Dispute with the bureaus as already noted.

Link to comment
Share on other sites

  • 2 months later...

I too have a similar situation. My Chapter 7 Discharge occurred last week, and one CC company continues to call me saying there still is time for me to have some options. (HSBC calling for Direct Merchants-- I think HSBC bought out Direct Merchants, tel#800 828 1139). Since I received the hard copy of the discharge letter yesterday in the mail (the discharge was in Pacer last week), I decided to call HSBC. They asked me to verify SS# and mother's maiden name, which I naturally refused. The phone agent escalated me to her supervisor who tried getting the same maiden name and SS# so I asked her to verify hers for me first. In the end, I said no more phone calls and she said she can't honor that request since I wouldn't verify myself via SS# and mother's maiden name.

I'm reading part of the printout on Pacer (which wasn't on the mailed copy of the discharge) which shows that these CC#s were sent copies of the discharge letters too.

Should I just mail HSBC\Direct Merchant a copy of the discharge letter too (even though Pacer says they were mailed already), or should I proceed directly to an attorney? (The discharge letter clearly states "..creditor is not permitted to contact a discharged debtor by mail, phone, or otherwise...A creditor who violates this order can be required to pay damages and attorney's fees to the debtor." I saved their phone message in my cell as evidence.

Thanks if you could offer an opinion.

Link to comment
Share on other sites

Don't call them for anything, just mail them a stern letter and a copy of your discharge papers. Remind them that attempting to collect on a discharged debt is a violation of the permanent injunction of the discharge and if they do not IMMEDIATELY cease and desist ALL collection activities, including any reports they've made to the CRA's, you will have no choice but to file a contempt action against them in your BK district court.

Send it certified, RRR and keep copies of everything. If they continue to violate after you know they have your letter, go after them.

Link to comment
Share on other sites

Update, I sent a certified mail RRR as suggested (which included a copy of my discharge letter and my advising them not to contact again otherwise I'll have to pursue further action) and online usps.com shows that the item was accepted 4 days ago at the creditor's payment address. I haven't checked my PO Box yet for the green card. About an hour ago, the creditor phoned me again (I was on another call and couldn't talk, but took down their name\#). That person said today's the last day for me to save my credit. I'm guessing that the payment address in California isn't communicating with the office in Oklahoma which is calling me. Any suggestions for the next step?

Link to comment
Share on other sites

Yes, if they call again tell the caller this is the last chance THEY have to save their asses from a Contempt action in bankruptcy court for harrassing you for a discharged debt !!

"save your credit' ?? What a joke ! It can't get any worse than a bankruptcy and they've already dinged you, illegally, so what's there to 'save' ? Dumbasses :evil:

Link to comment
Share on other sites

Thank you for the response. Since the written communication didn't work (can't think of anything more clear than that), and should I decide to go the heavy-duty route, do I contact and attorney or do I contact the BK Court?

Thanks again.

(PS.. and the CC company keeps sending me monthly statements as if the BK didn't occur)

Link to comment
Share on other sites

and the CC company keeps sending me monthly statements as if the BK didn't occur)

That is bizarre, they should know better but Discover thinks they're above the law. I'd send them a very strongly worded letter telling them to cease and desist as they are violating the BK law with their continued collection activity.

With Calvary, it's quite likely that the right hand doesn't know what the left hand is doing with the calls coming from a different office than where your letter went. I would suggest getting a fax number for that office and faxing the same letter you mailed to CA office.

In order to nail these buggers for Contempt, you're going to have to re-open your BK case, which will cost you $$, but you will recover if they court slaps them. The strategy then is to make them back off before you have to go that far, and then they're going to PAY if you do.

Link to comment
Share on other sites

Well, I called HSBC in Oklahoma, told them I was discharged, she wanted proof and I was going to ask for her fax # but she was getting feisty and said the account is going to "charge off" anyways today. I thought, aw, what the heck, if it hits a CA, maybe I can do the DV and make $? Thanks LadyNRed, I tried, but this agent today got too agressive too quick.

Anyhows, if this does hit a CA, can I DV the CA and go for the $ without opening up the BK case?

Thanks again.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.