This has to do with an account discharged through BK. It was an auto loan that at the time we were current on all payments with. We decided to surrender the vehicle (taking the advice of the lawyer-STUPID!). Anyway the point is it was repo'd and included in the BK for the amount of $17,165. It is being reporting on hubby's report as a REPO with a past due balance and current balance of $22,575. I have requested it be investigated multiple times but it keeps coming back verified. My question is..... Would this constitute as continued collection activity by the creditor? Thus a violation of the automatic stay??? And grounds for a great lawsuit? also... Could the CRA be held liable for obviously not verifying the account in the first place or if they did verify and it is through fault of the creditor could they be held liable for any other reason (any thoughts?)? What do you all think? Any thoughts would be appreciated!
balance should be 0.00.. Send procedure request to the CRA to see how they verified it... Then wait to receive the procedures back on how they verified... Then dispute again but send your bk papers that show this perticular item.. black out all the important stuff tho...
I disagree. Do not send them your bk papers. That confirms the acct. You don't want to ever send a cra proof a negative acct exists. I doubt this is the cra's fault. Most likely the creditor. I would just call the creditor and let them know they are misreporting this item and you want it corrected or deleted now. If they give you any problems, advise them they are in violation of the FCRA for reporting false info. You can also tell them they are violating the Fed. bk laws. Actually, you may have some leverage here to have it deleted. A good threat will work a lot of the time.
Okay, here's the thing. I sent the creditor (CRR) a letter demanding they provide me with some proof that I still owed them any money. They were fully aware that I disputed the account. I then sent them a second letter. They never responded. Yet they still report it and never noted it as being disputed. As far as the CRA, I will send a procedure request (one for every time they verified it)
