Whaler31 Posted April 6, 2008 Report Share Posted April 6, 2008 US Bank Visa account was discharged in my wife's recent Chapter 7 proceeding, and the debt was discharged.US Bank's Visa website still shows the account in her name and is showing balances, charging interest and accepting payments (post discharge) via their website for the discharged debt.Can't we sue US Bank for this under either FCRA/FDCPA etc? Link to comment Share on other sites More sharing options...
LadynRed Posted April 6, 2008 Report Share Posted April 6, 2008 I suppose you could, but what would it matter what their website says ? What does her CREDIT REPORT say ??? That's where the most damage would come from. Since no other company can see your wife's account online like that, what difference does it make ? If it's correctly reported on her credit bureaus, then you're not going to get anywhere in an FCRA suit. Link to comment Share on other sites More sharing options...
TheRoadBack Posted April 6, 2008 Report Share Posted April 6, 2008 Right on ladynred!!! Well said. Link to comment Share on other sites More sharing options...
Whaler31 Posted April 6, 2008 Author Report Share Posted April 6, 2008 Well, the general idea is that I believe it against the law for the OC to actively pursue a discharged debt.Secondly, I was a joint holder on the account (added well after the account was originally opened). Note they are collecting under the name of the original account holder who had this account discharged last year.US Bank has done a bunch of "funny stuff" of which this just appears to be black and white and a way to get rid of the account once and for all.For any OC to pursue a discharged debt via their website in the name of the discharged debtor is illegal.All of the other creditors involved in the BK who's debts were discharged have made it impossible to pay on those accounts (except US bank), and have explained that it would be illegal for them to accept payments this way due to BK law.This is clearly a chink in US bank's system of handling discharged bankruptcys, I believe. Link to comment Share on other sites More sharing options...
bingo Posted April 7, 2008 Report Share Posted April 7, 2008 If the account was jount, they still have recourse against you.I doubt you have anything. Unless they are sending emails that your statement is ready or, taking some other action to collect I don't see any violation. Link to comment Share on other sites More sharing options...
Whaler31 Posted April 7, 2008 Author Report Share Posted April 7, 2008 I was under the impression that providing statements under the discharged debtors name and showing payments+interest due, and accepting payments via their website was still considered collecting on the account.Isn't it against the BK discharge statues at the very least?I have a call into the BK lawyer today. Maybe he'll have more info. Link to comment Share on other sites More sharing options...
LadynRed Posted April 7, 2008 Report Share Posted April 7, 2008 Like Bingo said - if they are NOT actively sending statements and demanding payment, then they are not 'actively collecting' on anything - unless these statements are going to you. It's not at all uncommon for on-line systems to be completely separated in many ways from a creditors 'main' systems. Sounds to me more like the on-line system's update fell thru some corporate crack than active collection activity. Link to comment Share on other sites More sharing options...
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