Hello all, I'm relatively new at this credit repairing business. I just started disputing some items on mine and DH's CR. I've had quite a bit of success so far, but have run into a little snag that I could use some help with. On 12/02, DH and I filed for Chap 7 BK. It was discharged on 3/03. Providian was included into our bankruptcy. I have gotten both TL's removed from Equifax for Providian, however now, DH's report has popped up a new TL with same amount but different account number as Providian for a company called Card Works. Not only are they now reporting a charge off on his Equifax report (no Providian anymore), but DH's CR shows 2 inquiries by Card Works, 1 dated 12/02, and 1 dated 5/03. I realize these each are worth $1000.00, but isn't there a Federal protection against selling an item discharged under bankruptcy, and then them (Card Works) reporting it on the CR as a charge off? I have disputed the item with CRA, however, I'd really like to stick it to CARDWORKS OR PROVIDIAN for the inquiries, as well as violating a federal protection under bankruptcy code. Anyone know what precedent would be used in this case? Anyone got any good letters for this situation?? Can anyone point me in the right direction?
Not sure how to help you, but I can tell you that "Card Works" is Providian. "Card Works" is the "place" bad accounts go to. This happened to my DW, one 30 day late, and they cancelled her card, and the account was "transferred to "Providian Card Works". It shows on her CRs as "Providian Card Works" now. I don't think you have them on an unauthorized CR pull, they can say they have a legitimate "business purpose", or "account review for collection"
Even after the BK had been filed, discharged and them notified of it?? How could they have any legitamiate business on a federally protected account? Once an account has been discharged under BK, it's uncollectable.
You could try the illegal inquiry route, but I think they still could say they have a legitimate business purpose to review your CR, (perhaps to see what was included in BK, etc.) The inquiries can be a tough battle, and posting of "Card Works" is a transfer in their eyes, so they can also state they want to review your CR for that business purpose. I'm not saying what they've done is right, just that it may not be construed by a judge as illegal.