Weird debt collection problem

Discussion in 'Credit Talk' started by jeffalan49, Mar 31, 2016.

  1. jeffalan49

    jeffalan49 Member

    Thanks in advance for all the great advice I have been given. To make a long story short, here is what I would like to have advice on:
    1) My wife had her chapter 7 discharge in April 2012.
    2) We received a letter from a collection agency "A" in October of 2015 stating she owed for an outstanding ATT account in the amount of $327.
    3) After an hour on the phone with ATT (that is our current cell carrier), they traced her social security number all the way back to 1995 (when she opened the account) and ATT could not find anything stating she owed anything.
    4) We sent a dispute letter, certified, to Collection agency "A" asking for PROOF.
    5) Never heard back.
    6) In February this year, we again received the same letter from agency "A".
    7) I again sent the dispute letter asking for proof. Heard nothing back.
    8) On 3/30/16, we received a letter from collection agency "B" stating they now have the account and want $327.
    9) I called agency B and told them this is all wrong. They instructed me to file a police report for identity theft. Really?

    What do we do with this? Looking over what my wife wrote off for chapter 7, the papers show she did write off ATT in the amount of $250 but there is no account number so maybe it didn't get written off? Should we contact the lawyer who did this?

    Also, as of last night, this doesn't show on her credit report either.

    The debt is claimed to be from 1/24/2012.

    Sorry for the promised short story. Little long winded today.
    Thanks.
    -Jeff
     
  2. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    Hey Jeff - welcome back to Creditnet.

    "File a police report for identity theft?" Hahaha, good one collection agency B.

    It certainly sounds like this mystery AT&T debt has something to do with the $250 account that was discharged in your wife's 2012 bankruptcy. Collection agencies will sometimes end up buying debt that they had no clue was discharged in a bankruptcy. Happens all the time.

    I would send the collector a copy of the discharge order along with a copy of the schedule showing that the creditor was included in the bankruptcy. Make sure you clearly point out that AT
    &T was listed in the 2012 bankruptcy.

    Send the response CMRRR and keep a copy of your letter and the enclosed bankruptcy papers. My guess is you won't hear from collection agency B ever again. Let us know how it goes!

    Oh, and I'm curious- how has your wife's credit been doing since the chapter 7 discharge in 2012? Is she working on trying to rebuild her credit scores yet?
     
  3. jam237

    jam237 Well-Known Member

    Here is how I would handle it - I will say I am more aggressive than most.

    CA "A" - I would send an intent to sue for the second letter, continued collection activity as well as the false and misleading representation that the transfer or sale of the account subjects the consumer to activity prohibited by the act, the resumption of collection activity on the account.

    CA "B" - I would follow the strategy outlined in this post... :) http://consumers.creditnet.com/Discussions/showthread.php?t=38943 and http://consumers.creditnet.com/Discussions/showthread.php?t=56569 (I can't believe these posts go back to 2002 and 2004.) And again, it would be an ITS for continued collection activity and the false and misleading representation that the transfer or sale of the account subjects the consumer to activity prohibited by the act.
     
  4. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    We can always count on jam being a bit more aggressive than most :) I like his style though.

    What do you think Jeff? Have you made a decision about how to best proceed?
     
  5. jam237

    jam237 Well-Known Member

    Hey, aggression is very profitable... :)

    I look at it this way, I have a potential for $1,000.00 from every subsequent CA.

    Transferring the dead debt like a hot potato can be very profitable for me. :)
     

Share This Page