Here's a situation I'm not quite sure what to do about. - Chapter 7 9/98 - Signed reaffirmation agreement with OC 9/98 - Made two timely payments - Receive letter from my lawyer saying don't pay anymore - they forgot to file the reaffirmation agreement with the court so they cannot accept payments under Federal law - Letter from their lawyer as well stating same Experian states account charged off/$500 written off ($500 was the amt of the new agreement) DOLA is now 10/2002 - they were last paid in 1999 TU states collection/charge off; profit and loss write-off - Date reported 4/03 Disputed both, both verified 2/03 and 4/03 What do you think? At minimum I think these TLs should read "included in bk, $0 balance." I was making good on the agreement, they screwed up by not filing the proper paperwork! So I'm thinking: FDCPA prohibition against â??communicating or threatening to communicate to any person credit information which is known or which should be known to be false.â? (FDCPA Section 807(8), 15 USC 192(e)) - point to my lawyer's letter as well as their lawyer's re-aged on each report which is a violation of FCRA Section 605(c)(1), (15 USC 1681(c)) per FCRA 616 (a)(1) as the last payment you received was in 1999, not 2002. Feedback?
Yes, I disputed with the CRAs and they both came back verified. I am going to send the demand letter to the OC I believe. Unless anyone can give me a reason not to? Any more advice out there?
