CA wants documentation from me? Advice please.

[octavia]

I disputed Harvard Collection (ComEd utility co.) last month as not mine.  Reason being, this account should've been IIB (Ch 13) filed in 2002 (discharged in 2004).  This CA is on all 3 CBRs as "assigned" in 11/2003 for $1,136.13

Yesterday in the mail I received a letter from HC requesting docs. from me "in order to process my claim" and that "if we have not received your docs. by 12/2/2007 we will continue collection efforts."

"This is an attempt to collect a debt.....blah, blah, blah." 

Question: Should I DV them? (I spoke to ComEd and they do have me in their system, so they can prove that I owe). They were included in my list of creditors in my court papers; they did not submit a claim.

Or should I dispute with CBs as IIB? Should I speak to OC (ComEd) to let them know that this debt was IIB and discharged. They were included in my list of creditors in my court papers; (like Crapital 1, they did not submit a claim).

Any and all advice is good.

[Ausfarm]

From Clark Howard's website:

"Nov 06, 2007 -- Banks, bureaus and collectors all flouting bankruptcy laws

Clark has taken about 8 calls over the last several months that he thought were UFO questions with no connection to each other. People have been telling Clark they're getting harassed by collectors over debts that were wiped away when they filed for bankruptcy, or that debts that had been thrown out in bankruptcy court are showing up on credit reports as outstanding. Then Clark read Business Week's recent cover story "Prisoners of Debt" and it all made sense: Certain banks, collection agencies and credit bureaus are working together to undermine existing bankruptcy laws. When you file for Chapter 7, you get a bad mark on your record for 10 years. The tradeoff is that you also get to wipe out any credit card debts clean and clear. You usually first go through an evaluation process to see if you should pay a portion of your debts back under Chapter 13. Today you can only do Chapter 7 if your situation is hopeless."

"Business Week discovered that Capital One, Bank of America, Chase and Discover are ignoring these bankruptcy laws -- by accident or on purpose -- and illegally selling debts to collection agencies so they can go after you. This flouts the law of the land, whether you agree with it or not. When a Chase lawyer was questioned by a judge about why they've sold bankrupt debts, the lawyer replied that it happens all the time. The Business Week article says the banks claim this is all an unintentional mistake. But there's a clear pattern here: First the lenders fail to wipe out the debt when you file for bankruptcy. Then they sell it off to collectors and score some cash. Next the collectors try to illegally collect the money. Finally, the credit bureaus act as co-conspirators by listing debts on your report that aren't valid. So if you've filed for bankruptcy and are caught in this vicious circle, contact the banks and bureaus by phone and in writing. Try getting them to update the status of your legally expired debts. If that doesn't work, go back to the bankruptcy court where you filed and talk to the judge."

I think if it were me, I would also DV them.  After all a DV needs to be done w/in 30 days of the "initial communication."  They can't collect until they can validate and they shouldn't be able to validate. 

Message Edited by masdeocho on 11-07-2007 05:27 PM

[octavia]

If I DV them, will this change the DOFD or CRTP?  (it was assigned 11/2002, not 11/2003 as previously stated).

[Anonymous]

send a copy of your BK to all CRAs that are reporting...If reported by OC or CA. Point out that these debts were included. send fax or CMRRR   If not corrected  file a complaint with the FTC

I would not send any info. to any CA................IF the OC continues to report  incorrect info.they are in violation and need to be reported to FTC www.FTC.org    The CA that are buying this debt might be buying from another CA that can not collect! But if the OC is selling after BK filed  they are in deep doodoo with the FTC

Call they utility company and give them the number on your BK file......sorry I can't remember what it is called but all court records have a number.......you do not need to send them anything else.......they can check out themself by calling courthouse with that #.

Message Edited by HappyDays on 11-07-2007 01:01 PM

[octavia]

HappyDays,

Thanks for your advice.  I spoke  to EQ and they informed me that if I dispute as IIB, it will not drop until 2011 (which is when my discharged BK13 drops).  So to me it makes sense to leave it as it is; its scheduled to come off 8/2009 which is a lot sooner than 2011.  I guess its safe to assume its the same with TU and EX.

The letter they sent said I have to respond by 12/2/2007 which the letter was dated 11/2/2007.  Does this letter qualify as "initial communication". Prior to this I never received anything (call, letter) from HC.

Question: When I DV Harvard Collection will this have an effect on the CRTP?

[Anonymous]

Do not respond to the CA.  Do not talk to them, do not DV them  They're hoping to fool you into giving them something.  Do Not ever give a CA information they do not already have.  DO NOT EVER pay a CA, or anyone else, for something that is included in a discharged BK (that would essentially reinstate the debt).  It's their problem a claim wasn't filed with the BK court.

Dispute in writing directly to the CB's.  Provide your BK case number and statement that OC being reported by CA is IIB.  The CB's should verify the BK and debtor listing and delete the CA.  Don't understand why EQ would say it would stay on your CR until 2011 if you dispute...doesn't make sense.  The BK will stay, but OC's & CA's IIB should not be listed on your CR at all.

[Cory]

I would let them figure it out themselves. Evil collection agency.

Cory