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Collection of account IIB

New Member

Collection of account IIB

Can a creditor of an account IIB place this account with a collection agency six years after discharge?  Discharge of Ch 7:  11-05; Creditor shows:  Date of 1st Del. 9-11, Date Maj Del 1st Rptd 4-12;  Collection Date Assigned 4-12.  What recourse (s) for me?  Thank you for your advice.

Message 1 of 6
5 REPLIES
Valued Contributor

Re: Collection of account IIB

I think you should call the oc and remind them that the debt was discharged and demand that they recall it from the ca.

Starting Score: 11/29/12 TU 527; EQ 565; EX 564 fako - bk7 dc'd 2/15/13
Current Score: 1/22/15 TU 645; EQ 605; EX 633 New goal 675
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Message 2 of 6
Valued Contributor

Re: Collection of account IIB

Dispute it on your credit report by saying that the debt was include in BK. include the Case # and filing date and it will be removed or modified to state the correct status as closed. I had to do that myself and it worked well.
Cards: Orchard Bank ($1100) | Cap1 Cash Rewards ($2500) | Chase Freedom ($1000) | Best Buy ($2500) | Discover It ($1000) | Barclay Rewards ($2500) | Current scores: EX FAKO: 684, CK TU: 649, FICO EQ: 680, FICO TU: 698, FICO EX: 658 Happy Homeowner Since 2/6/13! Smiley Happy Last App: 4/5/13 Gardening until July 2014
Message 3 of 6
Moderator

Re: Collection of account IIB

I would contact both the CA and the OC via snail mail CMRRR. Have them remove the TL immediately or take them to court and get damages.

It is a violation of the discharge injunction. You may even want to notify your attorney and have him make the contact because there are attorney fees that would have to be paid by the offender (OC/CA) as well as damages to you.

 

Be agressive about it.

 

I had a similar thing happen right after my discharge (within a month) and it was gone with one phone call. If it were years later like yours is, I would do it all in writing and get paid for the damages they have done. When the OC sold your debt that was discharged with the CA and the CA put it on your report (which is collection activity) they violated your discharge injunction.

 

 

Message 4 of 6
Valued Contributor

Re: Collection of account IIB

I would definitely speak to my attorney first.  In my case he was very clear that he was happy to take violations of the stay to court because of the attorney's fees being the creditor's obligation.

BK7 Filed 8/11/2009 Discharged 11/23/2009. Purchased new home 4/11/2012
Starting Score:11/16/2009 EQ 566 11/16/2009 TU 538
Interim Score: 12/27/2012 EQ 683 09/17/2012 EX (lender) 670 1/01/2013 TU 701
Current Score: 11/06/2013 EQ 708 11/06/2013 EX 702 11/16/2013 702 11/06/2013 TU 729
Goal Score: EQ 740 EX 740 TU 740
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Message 5 of 6
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Frequent Contributor

Re: Collection of account IIB

No it's against the law. Had this same issue with HSBC last year. thank goodness Captial one took them over because talking to them was like talking to a brick wall. Spoke to my bk lawyer and he stated they are voliating the law, becuase it was discharged in bk. I contact hsbc again and they told me to contact CA. I spoke to CA they told me they already knew about my bk due to them soft pulling my credit report and they sent it back to HSBC. Called hsbc and they kept stating I had to speak to collection company. So since they also responded to my certified letter to contact CA and validated my dispute with CRA. I was nice enough to only file a dispute with bbb and capital one executive office called and apologizes and update. My bk lawyer stated I had enough on them to sue, but since I have a great relationship with new owners Captial one I let it go.



MCU $1000 (open 5/2015) I Capital One $3750 (open 4/2012) I Discover IT $2000 (open May 2017)
Starting Score 07/2016: TU 619 I EX 631 I EQ 592 I
Current Score 05/2017: TU 658 I EX 666 I EQ 666 I
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Message 6 of 6