I cannot get a straight answer about this topic that a friend of mine is going through. She filed for C7 in 9/05 (discharged 3/06) due to medical bills. An OC (included in BK) transferred her information to a CA in 5/07 and listed 2 collections on her CR's. Is this allowed?? It does say the original date of 1/04 but it is showing as a 1 year old collection on the report.
How can an OC sell/transfer BK info to a CA over a year 3 years after the original date and 1.5 years after the BK filing? Isn't that like trying to still collect a discharged debt? No notification was ever sent to her from this company but they sure put it on the CR's.
What's to stop all CA's from waiting until someone's BK is 4,5,6 years old before placing it on their credit to ruin them again. I understand that it can only stay on your report for 7 years but if they are waiting on pupose then there is a problem.
Since they weren't the OC in the BK are they even allowed to do this? This CA wasn't even involved at the time of filing.
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Called the FTC. They informed me that this is illegal and to contact my attorney which I am on the phone with now.
Spoke with the attorney and in fact they are not allowed to do this. If anyone has this problem, know that this is not allowed even if the 1st deliq. is correct they are not allowed to go and add it to your credit report as a new collection well after a discharge in BK. Hope that info can help someone!
Message Edited by inpacers on 05-27-2008 11:07 AM
Message Edited by inpacers on
05-27-2008 11:08 AM
