lovebug5

CA just reporting IIB accounts 3 years later BK?

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Hi all. I posted somewhat of the same question in this thread over here, hoping someone could give me insight from an FCRA/FDCPA perspective. However, I thought some of you brilliant minds in the BK forum can help me out as well.

Logged into TC today, 07/27/2010, and found that 3 CA accounts were reported on my TU CR as of 6/27/2010. All from the same CA, different accounts.

Accounts are from 2006.

I filed CH7 and was discharged in 2007.

So basically, over 3 years after my BK, this CA has just now put these accounts on my CR. They're marked as "paid", however I thought that they couldn't begin reporting on something discharged in a CH7 if it wasn't previously reported?

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Lovebug, good to see you again. I wrote you back on your other thread.

In summary, this is total bs and you shouldn't have to deal with this. I think you'll get it removed. I had something very similar occur in 2008. After the CA ignored me, I was nice enough to go back to the OC and inform them that i was about to reopen my bk and bring a motion for sanctions against all parties (I based this theory on principal-agent relationship). The OC CEO immediately phoned me and we spent the next three weeks FedExing docs back and forth and entered an agreement where I ended up getting BOTH the two OC derogatory tradelines and the two collection accounts removed all at once. In fact, they even sent me copies of ther eOscar documentation to verify that they complied with our agreement.

In retrospect, it was nice to eliminate four of the six IIB accounts all at once, but I think I was being way too nice. Knowing what I know now I would have ignored the OC and went for blood on the Debt Collector.

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Thanks again, JQ. I just saw that you responded to this one too.

It's a sad situation, especially since I just watched my hard-earned credit score nosedive because of these fools.

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It is party of the repair journey. And maybe you'll get paid for it! So cheer up. I posted some case law in the thread for the other person dealing with this.

Besides, if you aren't buying a car, boat, or house in the next 24 months, your score isn't all that important!

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As an update...

I got in touch with a NACA attorney who basically told me that he'd take my case if my original BK attorney didn't want to. I sent an Email over to the President, Vice President and Ops Manager at the CA very nicely letting them know that they reported these accounts for the first time 3 years past my BK discharge and that they had 30 days to remove them or face legal action. Not verbatim - I was actually much nicer given the circumstances. I heard nothing back and also sent the Email in printed form with attachments via registered mail.

As of today, all three accounts were removed. It took a total of 3 days. ;)

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Besides, if you aren't buying a car, boat, or house in the next 24 months, your score isn't all that important!

I had my CR's pulled in order to lease a commercial space for my business. These accounts knocked my score down enough that they almost didn't let me lease - it took a convincing argument. Ironically I wouldn't have had that problem had I waited three days. Whoops!!!!

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Look at you go!!! When I posted the car, boat, or house thing, I was referring to 99% of the people reading this. I did not realize I was posting a reply to a future CEO. :)

And I am glad the CA immediately acted and it worked out.

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