cancel
Showing results for 
Search instead for 
Did you mean: 

Discharged debt reporting as currently late and in collection status by junk debt buyers!

tag
Divaofsongs
Frequent Contributor

Discharged debt reporting as currently late and in collection status by junk debt buyers!

I really need some advice. My chapter 7 was discharged in Aug of 2013. I disputed a Credit One credit card acount that was on my Experian report to change the status from charged off to IIB. Experian sent me the results and said the information was verified by the subscriber as correct and they are now reporting the debt for June and July of this year as 90 days past due and in currently in collections! This debt was already discharged in my chapter 7! I tried to dispute it again and was told to call the creditor. I called them and they have sold it twice. I got the info on the last company to buy the debt, a company called Atlas Acquisitions. I have tried to call them several times but only get their VM. Their website advertises they buy chapter 7 and 13 discharged debt! I read up on them and it seems they and other companies like them buy the debt and then report it as late to the CR's to get you to pay it!

 

What can I do to stop this? This is a violation of the discharge, right? Their website advertising they buy discharged debt is proof (to me) that they are up to no good. I don't care if I have to pay an attorney $10,000 to get them sanctioned by the bankruptcy court, I will get that money back when I win the case. I am furious about this. Does anyone here have any insight as to the practice of buying discharged debt? I mean what is the point? 

Chap 7 BK Discharge Aug 2013 (Initial CL/Current CL): Discover IT ($5.5K/$32.5K) Cap1 QS ($500/$30K) Amazon ($700/$8K) Barclay's MC ($1,300/$10.3K) Upromise ($500/$33K) Lowe's ($900/$13K) Sportsman's Visa ($17K) WF Amex ($13K) AMEX BCE ($10K) AMEX Gold NPSL - FICO's: All 740+
Message 1 of 9
8 REPLIES 8
0REDSOX7
Valued Contributor

Re: Discharged debt reporting as currently late and in collection status by junk debt buyers!

Find yourself a good Consumer Finance Attorney - this is a clear violation of the Bankruptcy Discharge order.  They won't charge you because the attorney's fees for you would be paid by them and you'd get $1000 for each violation of the FCRA... Now, with that said, you may have to get your BK Trustee involved because there is some serious shadiness going on right here...

 

I checked out the website and they blatantly post that they buy Chapter Seven and Chapter Thirteen debt... See here http://atlasacq.com/

 

I like this portion of the website... In other words, hey, the rights you have mean we can't do anything about this debt, but hey, we don't care...

 

To Bankruptcy Debtors:

You will find that Atlas Acquisitions fully respects the rights afforded to you by bankruptcy. We understand that this is a difficult time and we will respond to any inquiries or concerns you or your attorney have in a respectful and professional manner.

BK Discharge 2/11/14

Currently in the garden.
Message 2 of 9
Divaofsongs
Frequent Contributor

Re: Discharged debt reporting as currently late and in collection status by junk debt buyers!

I am just flabbergaster by this! What a blatant disrespect for the federal courts orders. Unreal! I did a screenshot so just in case they decide to take it down, I will have proof. 

 

I had no idea that I would not have to pay an attorney upfront. I will be contacting an attorney as soon as they open in the morning. I could use $1000 right about now!!

Chap 7 BK Discharge Aug 2013 (Initial CL/Current CL): Discover IT ($5.5K/$32.5K) Cap1 QS ($500/$30K) Amazon ($700/$8K) Barclay's MC ($1,300/$10.3K) Upromise ($500/$33K) Lowe's ($900/$13K) Sportsman's Visa ($17K) WF Amex ($13K) AMEX BCE ($10K) AMEX Gold NPSL - FICO's: All 740+
Message 3 of 9
0REDSOX7
Valued Contributor

Re: Discharged debt reporting as currently late and in collection status by junk debt buyers!

I'd start with your attorney first.

 

Many consumer fiance attorney's will do a free consult and if they see a clear violation, they will proceed with no charge to you because the law is pretty clear...

BK Discharge 2/11/14

Currently in the garden.
Message 4 of 9
0REDSOX7
Valued Contributor

Re: Discharged debt reporting as currently late and in collection status by junk debt buyers!

Any updates here?
BK Discharge 2/11/14

Currently in the garden.
Message 5 of 9
Divaofsongs
Frequent Contributor

Re: Discharged debt reporting as currently late and in collection status by junk debt buyers!

UPDATE: I went to Experian and tried to dispute it again but they required me to send in additional info since I had recently disputed the item and it was returned as verified. So, I uploaded a copy of my discharge paperwork and my filing papers that showed them listed as a creditor, along with a letter demanding it be updated as IIB and all negative reporting be removed immediately. I firmly explained in the letter that negative reporting on a discharged debt was a violation of my discharge and I would proceed with immediate legal action against all parties involved if it was not corrected within 48 hours................the very next day I received an email stating my dispute was received and resolved, with a link to check the updated status...........they removed the negative marks for this June and July and updated the status to IIB. 

 

I am still planning to pursue legal action because these fools have to be stopped. I am waiting for an atty to call me back, they called today but I was at the doctor. I will hopefully speak with them tomorrow and keep everyone updated. 

 

 

Chap 7 BK Discharge Aug 2013 (Initial CL/Current CL): Discover IT ($5.5K/$32.5K) Cap1 QS ($500/$30K) Amazon ($700/$8K) Barclay's MC ($1,300/$10.3K) Upromise ($500/$33K) Lowe's ($900/$13K) Sportsman's Visa ($17K) WF Amex ($13K) AMEX BCE ($10K) AMEX Gold NPSL - FICO's: All 740+
Message 6 of 9
0REDSOX7
Valued Contributor

Re: Discharged debt reporting as currently late and in collection status by junk debt buyers!

Diva - did anything ever become of this?
BK Discharge 2/11/14

Currently in the garden.
Message 7 of 9
Divaofsongs
Frequent Contributor

Re: Discharged debt reporting as currently late and in collection status by junk debt buyers!

UPDATE: Sorry it took me so long to update this, I have MS and have not been feeling really well lately. 

 

As I updated back in August, I was able to get it removed and I did reach out to an attorney to see about filing a lawsuit against them but I have just not been feeling up to much lately so I sort of dropped the ball on it. Smiley Frustrated My main concern was to get it off my credit. 

Chap 7 BK Discharge Aug 2013 (Initial CL/Current CL): Discover IT ($5.5K/$32.5K) Cap1 QS ($500/$30K) Amazon ($700/$8K) Barclay's MC ($1,300/$10.3K) Upromise ($500/$33K) Lowe's ($900/$13K) Sportsman's Visa ($17K) WF Amex ($13K) AMEX BCE ($10K) AMEX Gold NPSL - FICO's: All 740+
Message 8 of 9
0REDSOX7
Valued Contributor

Re: Discharged debt reporting as currently late and in collection status by junk debt buyers!

Well. First of all, feel better.

And second, thanks for the update.
BK Discharge 2/11/14

Currently in the garden.
Message 9 of 9
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.