Macwench Posted April 20, 2007 Report Share Posted April 20, 2007 First post here...I filed BK7 a little over 2 years ago. File date is 3/14/05. I have a CA called ANFI showing up on me CR with an opened date of 3/31/05 and report date of 5/23/05 - after my filing. OC is Sprint and proper paperwork was filed with them and the CA who was involved at time of BK filing. Not sure what steps to take to remove. The CR is showing that BK7 was filed in regards to this account, but CA opened file after my original BK filing date so wondering if I could get removed? They have reported to the big 3 CRAs.Thanks! Link to comment Share on other sites More sharing options...
direred Posted April 20, 2007 Report Share Posted April 20, 2007 Yes.Dispute it with the CRA and with the CA (do the CRA first, wait a few days, then hit the CRA).They should not be reporting AT ALL, it's a violation of the automatic stay. Link to comment Share on other sites More sharing options...
momof5 Posted April 20, 2007 Report Share Posted April 20, 2007 direred meant send to CA first THEN send to CRA.This is known as the 1-2 punch. BTW, I had a lot of CAs get an account on me after my BK7. I wrote them AND the CRAs stating that the OC was in the list of creditors.....that sending the acct to the CA was a violation of BK law and that the account was/is illegal from inception! This debt was discharged before CA got it so there IS NO BALANCE!Poof. Link to comment Share on other sites More sharing options...
LadynRed Posted April 20, 2007 Report Share Posted April 20, 2007 it's a violation of the automatic stay.No, it's a violation of the Discharge Injunction. Stay ends when the bankruptcy is over. Actually, to preserve your rights, you need to dispute with the CRA FIRST, then if it comes back as 'verified' you dispute directly with the CA - unless Momof5 meant that as DVing the CA first - I wouldn't bother. Either way, reporting a collection on a discharged debt is a violation- doesn't matter when AFNI acquired the bad paper (your old debt), it's still completely uncollectable ! Link to comment Share on other sites More sharing options...
direred Posted April 20, 2007 Report Share Posted April 20, 2007 Ahh, I interpreted it as the CA opened the account after the stay but before the discharge. Link to comment Share on other sites More sharing options...
LadynRed Posted April 21, 2007 Report Share Posted April 21, 2007 Sorry, Direred, I re-read the dates - you're correct - retroactively The violation appears to have occurred during the automatic stay.. and now it's a violation of the discharge. AFNI had no business attempting to collect during the automatic stay, but since it wasn't caught then.. it's time to whack 'em now ! Link to comment Share on other sites More sharing options...
Macwench Posted April 23, 2007 Author Report Share Posted April 23, 2007 This is the letter I am sending to Experian and Equifax. I disputed with Transunion online so if they deny my request I will be sending them the same letter (disputed on grounds it wasn't my debt - checkbox system they use to dispute doesn't give you a lot of detailed choices)_____________________________________________________________I recently received a copy of my credit report and have found what appears to be an illegal entry. This needs to be corrected before it causes any further harm to my credit.ANFI, Inc is showing a collection account #xxxx45016 for Sprint in the amount of $xxx. This item was opened on 3/31/05 which is after my Chapter 7 bankruptcy filing of 3/xx/05. This appears to be a violation of bankruptcy law, since Sprint was properly notified of the bankruptcy filing before the date ANFI is showing for the open account and was prohibited by law from further collection activities - which included turning the account over to ANFI for collection.This collection account needs to be deleted from my credit report immediately. It is the duty of all Credit Reporting Agencies to provide accurate information and this is clearly not an item that should be appearing on my report at all. I expect this will be removed within 15 days of receipt of this letter so I will not have to take any further action to ensure that you report my credit dealings accuratelySincerly,Macwench__________________________________________________________________Am I missing anything? This is the first time I have done this. I also have an account listed under "other accounts" with WFNB that has a DOFD of 1996 but is still showing as derogatory with a report date of 12/04 (which would have been the end of the 7-1/2 years). Do I just request they remove the account because it is over 7 years old? Link to comment Share on other sites More sharing options...
LadynRed Posted April 23, 2007 Report Share Posted April 23, 2007 Unfortunately you can't make the 15 days stick - they get 30 days for a 'reinvestigation' and that's about all you can enforce -- to some degree. If you got your credit report thru annualcreditreport.com (free), then they actually get 45 days. Other than that it looks ok. Link to comment Share on other sites More sharing options...
momof5 Posted April 26, 2007 Report Share Posted April 26, 2007 If all else fails.....I found this guy to be very reasonable.... gary.brown@afninet.com Link to comment Share on other sites More sharing options...
Macwench Posted April 26, 2007 Author Report Share Posted April 26, 2007 Thanks momof5. I'll see where the letters lead and then may try him. Reasonable and CA don't usually go together. Link to comment Share on other sites More sharing options...
Macwench Posted April 26, 2007 Author Report Share Posted April 26, 2007 Well....Decided I would call ANFI and confirm the date the account was opened. I called their corporate headquarters and they transferred me to someone internally (Teresa). I gave her the ANFI acct. number but declined to give her my SS#. She found the accounts with no problem and confirmed they had been placed after the BK7 and should have been deleted since they had rec'd it after the date of my BK. She sent off a (her words) "manual delete request" that should take these off completely instead of the automatic updates they send usually. Said it could take up to 30 days for it to actually get off the reports but to call back if there was any further problem. We'll see what happens. Link to comment Share on other sites More sharing options...
direred Posted April 26, 2007 Report Share Posted April 26, 2007 Good for you!Usually the manual updates take only 1-3 days to start hitting credit reports. Look on EX tomorrow and/or Monday for a delete. Link to comment Share on other sites More sharing options...
LadynRed Posted April 26, 2007 Report Share Posted April 26, 2007 Excellent !! At least they didn't try to fight you on it. Link to comment Share on other sites More sharing options...
Macwench Posted April 26, 2007 Author Report Share Posted April 26, 2007 I hope it only takes a couple days. I am so excited to finally seeing positive things happen with my credit - I'm like an addict on credit crack!! Link to comment Share on other sites More sharing options...
Recommended Posts