Hi I've been reading awhile and just pulled our reports last week and started getting to work. We are 4 years post BK now and now I know I was really dumb to not have started this sooner, but better late than never I guess. It was a devastating thing for me to go through, so I just kind of went stealth after getting some cc's. Anyway, I have a question regarding one of the cards we had (FNANB)...it just so happens THIS is THE card that caused the snowball back then...all of the records indicate the BK filing of 2/00, in fact THEY were the first creditors to be told we were going to file because they hounded us so bad I didn't see any other option *at the time*. It appears that AFTER we filed, they sold or otherwise transferred our account to a collection agency and they are BOTH reporting on the CR. I don't think it is legal to sell an account in bk is it? (I know it should have said somewhere in the paperwork or something but quite honestly I couldn't handle all of this emotionally so I just kind of blocked everything out...I had to be excused from the court at the hearing and my lawyer and husband stay there alone because I was in the bathroom throwing up). This card had jacked our rate, lowered our limit calling my husband at work coercing him to send them the over the limit amount, which made our mortgage check bounce, and it just went like a house of cards from there, RIGHT at the time before my bond had to be reviewed (which I promptly lost, and therefore my main contract/income). Sorry for the length, I just feel like I have to explain it all and probably always will feel that way..."I'm not a bad person but I didn't know what else to do" sort of thing. OK sorry again, back to the main issue on this particular account...I just disputed the CA as not being ours, the question is, if they verify what do I do then? I validate to the CA or just flat out tell them sorry but you bought/accepted an account protected under BK laws? I'm not really sure? We have other issues to but this one is the one I want to start with I think, I hate them with every fiber of my being (as dumb as that sounds to talk about a company) I just feel like if I can stop them from haunting us I will feel like it's downhill from there (there's a monster in my closet and I need help making it go away). Thanks for any input/advice you might have, and all your posts here...they help so much!
*****NEW MEMBER MUST READS***** 12-25-3 What is Validation http://consumers.creditnet.com/stra....php?s=&threadid=42188&highlight= validation *** Victims of Credit Reporting *** http://members.aol.com/victcrdrpt/Score.html Rule of 72 http://consumers.creditnet.com/stra...=&threadid=39313&highlight=rule+AND+of+AND+72 Must SEE--------------------------- http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=350770#post350770 http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=314910#post314910 http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=352826#post352826 """""""""""""""""""""""""""""""""" FixYourOwnCredit! http://consumers.creditnet.com/stra...848&highlight=fix+AND+your+AND+own+AND+credit """"""""""""""""""""""""""""""""""""""""""" '''''''''' `````````` '''''''''' Sample letters http://consumers.creditnet.com/straighttalk/board/index.php?s=WhyChats statute of limitations http://community-2.webtv.net/Y-chat...ity-2.webtv.net/Y-chat/WhyChatsCredit/statute of limitations http://www.edebtnetwork.com/content/collection_laws.asp""""```--~~~~~~~~~--```'""''' THE END ** *** ** LB 59""""```--~~~~~~~~~--```'""'''
Well, thanks lbrown, but I already read that and it doesn't really apply to a debt that was discharged in BK and THEN sent to a CA unless I am missing that reference?
Check your petition and make sure the account is listed correctly. It probably is, but it's good to make sure. It's against the Federal BK laws to have ANY collection activity once you file and list their account, so push for nothing less than deletion of all items on your credit report or sue 'em, hard & good. Maybe both. <grin>
Thanks DanS, I know for a fact that this one was listed (if I could have gotten away with it this would have been the ONLY creditor I would have had discharged). I am just lost right now at where to start (I would LOVE to sue the OC on this, or just make them go away forever) I disputed the CA with CRA as "not mine", have to wait on that, but what is my plan of action against this OC since I KNOW they knowingly transferred or sold the account to the CA AFTER they were aware we were filing, and obviously didn't notify the CA because they are reporting as "open" and with balance/past due entries. I realize I could get the CA on collection after BK, but I really want the OC as I believe the CA has been screwed by them. Does this make sense? If I write the CA and tell them they got screwed, I don't know if I can then go after the OC? I just don't think this CAN be legal?? I realize that I shouldn't have told them BEFORE I filed (which is why they likely promptly transferred to CA) but I didn't know a lot of things then...if I did, I certainly wouldn't be where I am now. So what I'm basically asking is...do I skip the CA for now, and file with the FTC against OC and say "you violated ... on a debt included in bankruptcy to facilitate collection after the fact, delete or ITS" ? This transfer is totally obvious they purposely timed it this way. I am certain the CA is gonna drop like a brick, just NOT sure of what to do about OC (whom I really really hate and just winning a small battle (removal) will be a HUGE victory for me after all of this).
I don't live in NJ, I just found this info on FNANB, and this happened to me AFTER these dates (in 2000). So, just trying to figure out where to start against them. Owned by Circuit City, a retail chain that sells crappy consumer electronics. In 1998, FNANB lost a lawsuit filed by 43 states. It was found that FNANB was lying to debtors in a consistent fashion and even going so far as to collect debts from people after they had filed for bankruptcy. http://www.state.nj.us/lps/ca/press/fn.htm New Jersey Consumers To Receive Part of $11.7 Million Settlement With First American National Bank NEWARK - First North American National Bank ("First North American") has entered into an $11.7 million agreement with New Jersey and 43 other states to settle allegations that it improperly collected debts from consumers who filed for bankruptcy protection, Attorney General Peter Verniero and New Jersey Division of Consumer Affairs Director Mark S. Herr announced today. First North American will pay an estimated total of 11,000 consumers nationwide approximately $8 million in restitution and written-off debt. Approximately 172 New Jersey consumers will receive restitution and have their debt canceled by First North American. The amount of restitution consumers receive will depend upon the amount of their debt with First North American. In addition, Consumer Affairs will receive approximately $31,000 from First North American in fines and penalties. The money will be used for consumer protection and education. Consumer complaints
