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Collection After Discharge Help

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kinged854
New Member

Collection After Discharge Help

What steps should I take in removing two separate collection accounts on my credit reports?  The original creditor for both accounts is ADT, which was included in my Chapter 13 discharged in July 2011.

 

The collection agency is Pentagroup:

                   Balance $470.00        Date opened Oct. 2011

                   Balance $200.00        Date opened Oct. 2008

 

 

Chapter 13 was filed on Sept. 2007.  I have a copy of my discharge letter stating ADT was in the discharge orders.

 

Message 1 of 6
5 REPLIES 5
Shogun
Moderator Emeritus

Re: Collection After Discharge Help

I would send a direct dispute to the CA with paperwork showing that it was IIB.

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Message 2 of 6
kinged854
New Member

Re: Collection After Discharge Help

Certified Mail?  What time frame do I give them to respond?  What specifics do I include?

Message 3 of 6
guiness56
Epic Contributor

Re: Collection After Discharge Help

Under the direct dispute they have 30 days to respond directly to you.  Yes, CMRRR.

 

You need to be able to prove it was discharged in BK and provide the paperwork to them.

 

This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), of the accuracy of information you have reported to my credit file.

     (If sent to a debt collector, (CA), it might  be beneficial to also include the blurb:

 “This is a direct dispute of credit reporting. This is not a request for debt validation/verification  under FDCPA §809(b).”.
                  (don’t let them just simply sluff it off as a meaningless  DV letter)

“In compliance with FCRA §623(a)(8)(D), and enacting regulations published at  16 CFR § 660.4, this Notice of Direct dispute includes:

 “Identification of the specific information being disputed:
           (specify the account number, and the specific information that is disputed under

             that identifying account)

“Basis for the dispute:

            (how the reporting was inaccurate;    was any reporting in violation of any statutory or

             regulatory provisions?  account or express agreements?  CRA reporting gudelines? Account not

              yours? etc.)

Supporting documentation:

            (all documents that support your dispute; it is recommened to also include,

             as part of your documentation, at least a copy of the portion only of your

             recent credit report showing their reporting of the disputed information was

              actually reported to your credit flle.  The implementing rule suggests a  showing

               that it appeared in your credit report)

Message 4 of 6
kinged854
New Member

Re: Collection After Discharge Help

I followed genesis advice and experian has removed both collections accounts.  It has been over 30 days, and I have not recieved any reponse from them.    What if my next move?  How do I follow up?

 

Thanks in advance.

Message 5 of 6
guiness56
Epic Contributor

Re: Collection After Discharge Help

If the CA has not responded they are in violation of the FCRA.   You could actually bring a civil suit against them if you wanted.

 

File a formal complaint with the FTC and cc the CA a copy of the complaint.

Message 6 of 6
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