lovebug5

4 years later & 1 BK later, CA has JUST put accounts on CR?

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Hey all...Long time, no post. :)

I logged into TC today for the first time in over a month to find three new CA accounts on my CR. All are marked as "paid", however none of these accounts have been on my CR for the past 3+ years. They were JUST reported as of 06/27/2010 on accounts from 2006 which were IIB and never previously reported. UGH.

It's been so long since I've dealt with any of this BS that I have to dig through all of my FDCPA and FCRA documentation to pull out specific sections to cite in a strongly worded letter.

Anyone know anything off of the top of their head? Thanks much.

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If they didn't report the collection account prior to the date of filing, then bang- they are in violation of the permanent injunction.

I don't think there is any unfair practices (15 USC 1692f) or false and misleading representations (15 USC 1692e). If the CAs were reporting amounts owed, then you'd have a much stronger FDCPA argument.

Do you keep all prior reports? Does your credit report show the date of first reporting (ie a "reported since" date)? That's good stuff if you have that. It shows that the CAs violated the order of the court.

Don't kill yourself over this. I'd send a simple letter to each CA. Inform them that they are violating the permanent injunction under federal bankruptcy law by reporting the account after the date of filing. And let them know that they have 30 days to remove it or you will reopen your case and bring a motion to sanction for willful violation of the permanent injunction. Keep proof of sending it.

If in one month the reports don't get updated, then hammer them. I'd return to your bk attorney and go for punitive damages through the bk court. The least you'll get is attorney's fees for the time it took to file the motion. And you may get much more. It all depends on the judge's tolerance for this bs.

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I also have the exact same thing on my report. CA suddenly reporting a BK Medical account 3 months after discharge for the first time. I disputed it and they verified it and then removed it on their own. *shrugs*

I would just see if they will remove through the dispute process. Mention in dispute that they are in violation of the automatic stay.

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Thanks for the response, JQ. I appreciate it. :)

The three accounts are all with the same nasty CA. Thankfully I have over four years of credit reports showing that these accounts were never previously reported. They are reporting as paid, no amount owed, so no FDCPA violation...but a definite (and what I thought was obvious) violation of my injunction. My CR said that the account was "opened" in 2006, however it was just reported as of 6/27/2010.

Letters will be fired off tomorrow!

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