Why not pursue the obvious remedy? Go ask for a little session with the bankruptcy referee that handled your case and tell that person about your problems with their illegal acts? You bought the protection of the court so now get what you bought and paid for. Should be as simple as that and a whole lot easier than trying to battle with the credit bureaus about it. Go do something about it. It's an abuse of both you and the law. Let them learn their lesson the hard way.
ok, I have some experience here so I'll pipe in. Selling an account post bk is a big no no. It violated the automatic stay of the bk. You can have your bk trustee step in if you want to. It also violates the FCRA because it reages the account. Scores are driven by the last date of activity. so the fresher the date the worse your score is going to be. As for selling the thing... they'll claim error and recall it. Big deal. They'll remove the tradeline in full. Again, they should. If I were you before validating anything I'd call the banks and speak with a supervisor. Find out exactly what's going on. Let them know you know they've violated federal law by trying to collect after the bk. Let them know you know it violates the FCRA by redating the account. they'll research the account and get back with you I'm sure but that way you'll have a PERSON to send a letter to about this. It should be a quick removal in full with a promise to NEVER update the account either by tape or by UDF ever again. FULL removal from all parties. If you want to sue them in federal or small claims court you can. It's a slam dunk if they try to collect after a bk. It's a cake walk. In the interim: Apply for some credit now and get turned down. It sets up harms... You can use this to not only get it all removed in full you can at least get 1k from each company plus actual damages. this is easy. you'll wish all your creditors did this so you can get all the "included in bk" accounts off your reports. smile, you just had a great week. Once they know that you know what you're doing they'll jump.
Good post, Marie, but why should he settle for just a little compensation when all he has to do is let a good consumer protection lawyer in on the deal and he will come up with somewhere in the neighborhood of about $50,000 in damages, maybe more? Just thought I'd ask. If it was me, I'd hope to see some birds hopping up to the judges bench wearing nice bright orange coveralls and some nice shiny handcuffs and leg irons.
well, I actually didn't state what I thought could be had in compensation. regardless of the outcome or even approach... First: harms have to be established. One has to be "damaged" off this report and it has to be to a 3rd party... otherwise a jury award can be overturned like in Cousins v TU case... 4+million in punitives overturned. (no harm, no credit report disseminated to a third party therefore overturned the award). Then, once harms are established one can go after these actual harms and punitives. but this presumes that the person wants to litigate. Most people don't like court, won't find a good atty who's well-versed in this area, and so most just want the tradeline off... or maybe the tradeline off and a bit of compensation... regardless, I didn't really say much about the amount of harms either way. so I hope this clarifies it.
Well, you are obviously right in what you say, but I had not even thought about going after the credit bureau for damages. The thought never crossed my mind. My mind was focused on the criminal himself who broke the law as always. I can't see going after the reporter of the "fact" unless one can prove that the reporter did what he did maliciously and with malice aforethought. Although some would probably disagree with me, I hardly think that credit bureaus do what they do maliciously or with malice aforthought. They are the victim of the criminal's acts rather than the perpetrator of them in most cases. The actual criminal, in my opinion is the person or company actually attempting to illegally collect from the now bankrupt person. Do you think I am off the wall and out to lunch with such thinking?
One can go after anyone in the scenario. Certainly the one who did the crime... and certainly the one reporting it if they don't correct it in a timely manner (which if more often the case than not). My point is this is a slam dunk. There is no grey area here. If there is activity post bk then it's illegal.
Exactly right. So the only remaining question is, how do we teach them they shouln't have done that and teach them in the most efficient way and at the least possible cost? Seems to me that the best way is let he who made the law do his own enforcing. Complain to the bankruptcy court on the whole bunch of them and let the court figure out what to do with them. That way I can sit back and laugh at them as they scurry for a hidey hole.
I have been trying since 10/01/01 to get Associated Bank to correct my TransUnion and Equifax report concerning the sale of my BK discharged account to Citibank. Nothing has changed since then. I was denied credit from Target when they pulled my Equifax report. Providian gave me a $1,000 VISA card and they used Experian which is not tainted by the illegally sold Associated Bank account. Is now the time to consider a lawsuit against Associated Bank and Citibank? AB had no business selling my account 2 years after it was discharged in BK. I see violations of both US BK laws and the FCRA here. Tim
Absolutely. FUSA is, by far, the scummiest criminal operation in this country. If anyone wants proof, click here: http://members.tripod.com/~FUSA1/
