CA trying to collect on discharged

Discussion in 'Credit Talk' started by matt30, Nov 4, 2004.

  1. matt30

    matt30 Well-Known Member

    I received a collection notice from Alpine Credit Inc. The debt they are trying to collect has been discharged in CH7. Discharge date is 7/2002. The debt is noted on Equifax as Discharged in CH7. They are reporting on my Euifax credit report as collection dated 9/04. The collection notice does not have a mini miranda on the back advising me of my rights. I thought this was required by law? The only "legality" is the following "This communication is from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose." How should I handle this situation? Are they breaking any laws? Any help would be greatly appreciated.
    Thanks and have a great night
    Matt
     
  2. cannoda

    cannoda Well-Known Member

    Send the CA a copy of the discharge order, CMRR. Tell them to pound salt (In your situation you can actually use those words). Post back here if they still bother you and we'll show you how to get a pound of flesh.
     
  3. rondaben

    rondaben Well-Known Member

    Yep...they can take a hike and fix your credit report as well. They are violating several laws

    1) FDCPA for no mini-miranda
    2) Bankruptcy violation of the permanent injunction due to the discharge of the debt
    3) Look at your recent pulls--I bet they have a hard inquiry on your credit report--which is a FCRA violation for a non-pp pull.

    Be sure you let them know that if you are not satisfied completely with your demands being met you will not hesitate to reopen your case and haul their asses before the BK judge for contempt. You will have to do this to collect on the FCRA or FDCPA violations. I gaurantee you that they will back down. BK judges don't play when it comes to beeeatch slapping those folks down.

    Good luck.
     

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