This is my first post here, though I have been a long-time lurker. Any thoughts on how to handle these situations? Creditor #1: was discharged in CH 7 BK. later, they verified status as unpaid after I disputed with CRA. shows balance. Creditor #2: was discharged in CH 7 BK. later, was assigned to collection and reported as still unpaid and sent collection notice--I did DV and they sent print out of bills. shows balance. Creditor #3: was discharged in CH 7 BK. later, they verified status as unpaid after I disputed with CRA. shows balance. Creditor #4: was discharged in CH 7 BK. later, they verified status as still unpaid after I disputed with CRA. shows balance. Creditor #5: was discharged in CH 7 BK. they now only show as being petitioned for CH 7. later, turned into collections and reported as so. BUT shows 0 balance. I've tried to get most of these off or to change their status one way or another but they're being buttheads and not budging. All of these things have happened well past discharge of CH 7 BK. The whole violations/ITS/lawsuit thing freaks me out a bit so I guess I just need a nod of approval or some handholding. I'm currently working on some other CR problems so I have a month or two before I have to get down and dirty on these--just need to cement the ideas in my head and form a plan of attack. Some of these guys have also pulled soft inquiries post BK and some have pulled hard inquiries post BK. If I have them on violations, do I need anything other than proof that I disputed and they verified as something other than included in BK? Or do I need something in writing from the CAs and OCs themselves (maybe from DV?)? I only received one collection notice from one company. The rest I've only found through dissecting my CRs. Oh, I also want to say that I do *not* want to have to sue them. I have neither the time nor energy for court. I just want the durned things to report right or delete, the latter being best, of course. (If they willingly sent me a big wad of cash for being weenies, I wouldn't turn it down, though! LOL) Thanks!
You have these guys on multiple violations. Pulling your reports either soft or hard, after notification of the bk, would be a non pp pull. Failure to report accurate info would be a violation of the FCRA section 623 IF you have notified all oc/ca's that they are misreporting. I would suggest that you notify each oc that is misreporting that you dispute it per secion 623 and you want it immediately deleted as they further hurt your credit with their incorrect info. Any oc that has forwarded accts to ca's after the bk was filed/discharged is in violation of federal bk laws and the automatic protection from collection you get upon filing. If you had an atty file your bk for you, you may want to consult with them.
Thanks, LKH! I've been reading until I'm cross-eyed and have printed out the most relevant things. Hubby and I are going to sit down and digest everything over the next week or so and figure out some sort of plan. I also just emailed an attorney who specializes in the FCRA (a few hours away but we live in the boonies so nothing is nearby) just in case we are forced to file suit.
