Worst creditor ever

[ezdriver]

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@gnp57 wrote:

Thanks but I didn't ask for your advice, ezdriver. I have been following Soulmaster's plan for rebuilding and already I have 2 cc and in the 2 months since my discharge, my scores have gone up at least 30 points for each cra.

This isn't an emotional issue. It's a legal one.

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No need to be snippy sport. You post in a open, worldwide forum so expect anyone to respond. Good luck with your you legal adventure.

[bstone]

Someone's just found a thread about suing creditors who violate the collection stay of filing and hopes they're going to get some money...

[gnp57]

I sent my letter to them. Little good it did because I checked my Equifax and last month they reported me $7k behind on my payment. I think these people are worth the time to get them to stop.

[holmesnmanny]

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@gnp57 wrote:

I sent my letter to them. Little good it did because I checked my Equifax and last month they reported me $7k behind on my payment. I think these people are worth the time to get them to stop.

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There are many attorneys that love to take cases like that, easy moneymakers for violations of the discharge order. Start calling around. 

I would make sure to immediately pull all my reports for proof even if you gotta pay full price. 

[0REDSOX7]

I got the same letters from American Honda Finance Corp after I surrendered two cars from them.

In my state, that is standard protocol.  A letter saying they will sell it at auction, then after it sells, what I owe (if anything).  There were notes that said if I am under bankruptcy protection, this is not an attempt to collect the debt, but for informational purposes only.  That was the end of it.  My attorney even said this is completely normal (and legal).  Per several attorneys in my area - adding the caveat that this "is for informational purposes only" is all that is required to avoid the violation of the automatic stay, contrary to what holmesnmanny has said.  

Now - given they have changed your credit report to show you 7K deliquent, you have a surefire case should the creditor NOT update your report after receiving your letter.

[gnp57]

The letter was sent 12/11/15 and the negs are showing for 12/15 and 1/16 on Equifax. I'm looking for a lawyer and will keep yall posted.

[Anonymous]

If you haven't already, dispute it on your CR.  I just had an ordeal where 5 IIBK creditors changed from IIBK $0 balance to all having balances.  it surprising how sneaky several creditors are.

[holmesnmanny]

Federal bankruptcy law preempts state law. Just because there is an existing state law regarding sending a notice after date of sale(which is indeed quite normal), doesn't mean they have a right to violate the bankruptcy discharge order. The OP specifically said the notice stated they owed a debt. This is, by definition, a violation of the bankruptcy discharge order and an attempt to collect a debt. It would be one thing to send a notice stating the disposition of the vehicle and a breakdown of the charges, it's an entirely different thing to state that you still owe a balance, even if you add that disclaimer at the bottom. You can't violation the order but then add a "just kidding" and expect it to negate the violation.

Yes, perhaps this is standard practice for some companies, but that doesn't make it legal. All it takes is a lawsuit to fix it. 

[ganto]

i would love to hear what they had to say if the OP called LOL

[gnp57]

Actually I have retained a FCRA lawyer. She is submitting a settlement first. If they refuse, she said we're going to court.