After a chapter 7 bankruptcy does a previous creditor have the right to pull a credit report for permissable purpose anymore? It would seem to me that once the debt is discharged they are no longer a creditor therefore they no longer have permissable purpose. Am I right? I have one creditor that is not reporting as included in bankruptcy, and they have pulled inquiries twice since discharge. I have disputed this but it came back "verified" and on another CR it still states the old "unable to locate customer" This is showing as a late payment and while I would prefer to have it removed I would rather see it as "included in..." than to be showing "unable to locate, 120+ days late" So my dilemma is that in order to get these jerks to change the status I am sure I would have to send my recent discharge to the CRA's(I'm not as stupid as I look) but on the other hand how do I fight this one creditor.
I would state that they have to have actual knowledge of the bk before you can nail them for it. A couple of my bk notices were returned to the trustee because the creditor could not be located at the address I had. If theirs did not get returned, then they were notified and you can nail them. Otherwise, they can say that they were unaware of it and were just trying to locate you which gives them the intent of permissible purpose.
NO, only one creditor came back as undeliverable and that was an ob/gyn my wife went to that left town and moved to another state. All other creditors(including the one I'm having trouble with) received their notification
skwirl, I am in the same situation. One CA is credit vision, they hae recieved by bk notice and they are still reporting to CRA that I owe them $6000. My dispute came back as verified. I was wondering we can send bk paper to CA and not to CRA.But may at the end when nothing works then we should send the paper to CRA. what do u think, please keep us posted
It seems that we are in a catch-22 position. If we send copies of our discharge we hang ourselves. If we don't then we can't prove anything. I am going to keep bumping this until we get lucky enough to get an answer from some of the old timers here.
At the most, all I'd send to the CA only (never anything to the CRA's) is a copy of your discharge notice and if you decide to send a copy of your bk creditor schedule, black out all but that one listing. That way you're only giving them the pertinent info they need to prove your position and nothing more. This excerpt is from a sample letter that maybe you can tweak to fit this situation, from the book by Paula Ryan "Bounce Back after Bk" - "Any attempt to collect on a discharged debt violates the Bankruptcy Protection Act. Any further contact from you regarding collection of this debt will be brought to the attention of the Bankruptcy court as evidence of your violation and I will exercise my right to bring suit against you and recover damages of $1000 or more for each incident, as is my right". I know this addresses a creditor who's still trying to collect after discharge, but they're obviously ignoring your bk by what they're reporting and by verifying your disputes, which means at some point they MAY try to collect again. All discharged accounts should show a zero balance and say something to the effect of "discharged or included in bk". Newstdt
send them a demand letter for 1k for their FCRA violation (impermissible pull into your file)... tell them you understand that they're violating the automatic stay of the bk, they're continuing collection efforts by being in your file and by not updating the trade line to reflect a 0 balance and by continuing to report current delinquencies on the account and that you will report them to your bk trustee for their violations of law... add in there you expect them to promptly update the trade line and mail you 1k for their violations. you can certainly include your schedule of creditors, an edited copy of your report showing their trade line and their inquiries... and your discharge paperwork... send it certified return receipt requested
Thanks, for that info, I do have a few creditors still sending me letters and usually I just call them up and give them attitude. I didn't realize I could bring suit against them too. I have just mailed out letters warning them not to attempt to collect again.
Skwirl, In those RARE instances when we do have to send BK papers to the CRA (as a last resort), you should REDACT everything else other than the specific tradeline. The BK header and the tl is all they get. In this case I might do that with this CA. Along with a bill for $2,000. $1,000 for each of 2 inq's. Follow Marie. This is assuming you do not intend to dispute the BK itself.
Thanks, just used marie's advice. Wrote the letter today. will send it out CRRR on Monday when I get back from weekend business.
skwirl, nothing I can add here as Marie and Butch gave you 24 karat advice. Good luck and keep us posted as to what they do. clc PS I wish CN would put bk advice in a separate section as there are so many bkers who need good advice from those who have had successes in getting bks from their CRAs and the search feature can be overwhelming on this topic!
I'll keep everyone posted. I'm sure it will take a couple weeks before they respond. Have a good weekend.
