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Attempting to collect?

ikethdew
New Member

Attempting to collect?

Hi everyone in land of Bk.

I have a question about a lender attempting to collect during the stay. Backstory:

I filed Ch 7 at the end of September. Since then I have attended the 341 meeting, and gotten the notice of non distribution of assets by the trustee. I have taken the financial management course and it was filed by my attorney. Now I am just waiting for a discharge.

My accounts:
All of my credit card, student loans and car loans were reporting as closed, iib, no payment history, zero balance. That was until a couple of days ago the auto loan was reopen, $2000 due, 120+ days late, and showing a note " reaffirmed"

I initially knew i wasnt keeping the car and filed that way. My attorney also sent them a letter indicating that I was not keeping it. He is also very hard to get in touch with at times, and very short and seemingly uninterested in helping me fight off these creditors.

My question:

Is this allowed? My discharge isnt until the first week in January, but this seems like an attempt to collect or get me to reaffirm. I wont be able to get into another car with this stuff reported. I filed a compliant with the CFPB, but the company just responded, " we will respond within the alloted timeframe."

Any thoughts? I was thinking CAFDCPA violation, as they know this is incorrect information.

TIA
Message 1 of 2
1 REPLY 1
harleygirl1987
Frequent Contributor

Re: Attempting to collect?

What I would do is file a dispute with each CB that the car reporting is inaccurate. I would attach the filing, and creditor list when you do your dispute. I would keep a copy of the CFPB complaint for your records. I would also file a BBB complaint against the company as well, and additionally another CFPB complaint. I would just dispute it saying something such as it was included in your BK, the loan was not reaffirmed, credit reporting needs to be updated to reflect ____, and that they need to follow the FCRA guidelines and you are requesting them to promptly update your credit report to be reporting accurate information.

@ikethdew wrote:
Hi everyone in land of Bk.

I have a question about a lender attempting to collect during the stay. Backstory:

I filed Ch 7 at the end of September. Since then I have attended the 341 meeting, and gotten the notice of non distribution of assets by the trustee. I have taken the financial management course and it was filed by my attorney. Now I am just waiting for a discharge.

My accounts:
All of my credit card, student loans and car loans were reporting as closed, iib, no payment history, zero balance. That was until a couple of days ago the auto loan was reopen, $2000 due, 120+ days late, and showing a note " reaffirmed"

I initially knew i wasnt keeping the car and filed that way. My attorney also sent them a letter indicating that I was not keeping it. He is also very hard to get in touch with at times, and very short and seemingly uninterested in helping me fight off these creditors.

My question:

Is this allowed? My discharge isnt until the first week in January, but this seems like an attempt to collect or get me to reaffirm. I wont be able to get into another car with this stuff reported. I filed a compliant with the CFPB, but the company just responded, " we will respond within the alloted timeframe."

Any thoughts? I was thinking CAFDCPA violation, as they know this is incorrect information.

TIA

Ch7 BK filed 7/5/16, DC 10/12/16
Message 2 of 2
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