filed chapt 13 in 1999...sherman aquisitons has bought a debt included in chapt 13 and placed it on credit report with a date opened of 6-2001. disputed with all 3 cra and have come back verified. 13 will be discharged in a few days and need to know how to proceed when dealing with them cause ive had enough. thanks for any input
The same thing happened to me. I wrote a letter to Sherman, threatened them with a lawsuit, and they sent me a UDF to send to all 3 bureaus. It was gone in a week off of all 3. They are in a strange position. If you push them, they will back down quickly. They have no leg to stand on and they know it. Good luck.
Sherman re-aged your account which is a major FCRA violation. They did the same thing to me, I threatened suit and they not only took off he trade line but paid me $1000 on top of it!!! Kevin Branigan and Scott Silver are the people to talk to at Sherman in their corporate ofices in New York City. I believe Branigan's e-mail is kbranigan@shermfin.com Why settle for just deletion when they can also send you $1000 for the insult?
Re: Re: chap 13 and sherman aqu How's this for a start: On February 7, 2003 Sherman Acquisition mysteriously appeared as a negative entry on my credit file citing an old Exxon account hat had been included in a Chapter 13 Bankruptcy and was completed/discharged before Sherman Acquisition purchased the account. On February 7, 2003 I spoke with Mrs Hall at Sherman in Greenville SC and confirmed the above with her. She assured me that since I never legally owed Sherman anything she would have Sherman deleted from my credit file. At the same time I posted a dispute over the trade line with Experian. Today Experian advised me that Sherman VERIFIED the erroneous trade line and it is remaining in my credit file. In a conversation today with Lathonia at Sherman in Greenville I was advised that the accounts (there are 3 of them) were transferred to Resurgent Capital Group on January 8, 2003 and that, obviously (a) I had been lied to on February 7th and (b) Sherman posted on my credit file derogatory information that it knew was false in that it posted a debt it knew was not a vald debt and was not even their debt. Both of these are actionable under Fair Debt Collection Practices Act as separate violations of the act. In addition, posting this information on my credit file constitutes an attempt to collect which is barred as Contempt of Court by the Automatic Stay that, with the discharge, was made permanent. I will agree to consolidate both FDCPA violations as a single violation on the condition that Sherman Financial Group LLC, as the parent company of the two subsidiaries (Sherman and Resurgent through Allegis Group) (a) pay me $1,000.00 statutory damages pursuant to 15USC1692(k) and (b) immediately and permanently remove from my credit file, at all credit bureaus worldwide, all reference to Sherman, Resurgent, Allegis and any other name by which Sherman Financial Group LLC does now or in the future may do business. I will want in the Stipulation of Settlement a Conditional Confession of Judgement wherein Sherman Financial Group LLC confesses judgement to me in the amount of one million ($1,000,00.00) dollars as liquidated damages. Failing that I will file suit for the two separate violations and all subsequent violations as they occur, in addition to filing a motion in Federal District Court here in Tucson for a Contempt of Court Citation against Sherman Financial Group LLC and its Chief Operating Officer. I anticipate a prompt resolution and acceptance of this generous offer.
Re: Re: chap 13 and sherman aqu The same thing happened to me. I threatened to sue and a UDF ordering deletion was sent by second-day air to me from Sherman.
Re: Re: chap 13 and sherman aqu Hey Flyingifr what part of Tucson are you in. I'm also in Tucson. Eastside.
Re: Re: Re: chap 13 and sherman aqu I live in the northwest but work near 5th and Craycroft. If you want to come to Udall park tonight I will be one of the umpires on Field 4.
Your a blue? OMG that explains alot! LOL baseball or fastpitch? Why don't catchers use umpire face masks for protection?
Re: Re: Re: chap 13 and sherman aqu ok, I understand the rest of it, but could you explain to me what this means...? Please forgive me, I am blonde... Thanks for your help
Re: Re: Re: Re: chap 13 and sherman aqu It means "If you screw up and don't do what you promised to, the amount you pay me goes from $1000 to $1 Million."
Re: Re: Re: Re: chap 13 and sherman aqu you are a tremendous help!! One more question though. filed 13 on 12/98, will be discharged in 7/03, they are reporting this as: date opened-6/01 reported since 7-02, last reported 3/2003, collection as of 7/02-3/03, filed chapt 13 on 7/18/02. verified by exp. 6/03. I was rereading your letter, and they bought this before discharge. Do i still have a case since it was bought before instead of after? i'm sorry to be such a pain, i just want to have all my ducks in a row before pursuing this.
Re: Re: Re: Re: Re: chap 13 and sherman aqu Whether they bought the account before or after discharge is not the issue. The fact that they bought my account after discharge merely meant that I never owed them a dime and it gave me a second cause of action - posting and verifying twice to the CRA that the debt was mine when in fact there never was a debt with them. You are suing for re-aging. It doesn't matter when they bought the debt, whenever they did they promptly re-aged it with is all by itself a FCRA violation.
