congrats dogman!!!!!!!!! Sassy Gotta love this: Attempting to Collect Debt Discharged in Bankruptcy May Violate FDCPA Description Court refused to dismiss a suit brought by a debtor whose debts had been discharged in bankruptcy. A bank bought a discharged debt and attempted to collect the debt. That may be a violation of both the Fair Debt Collection Practices Act and the Bankruptcy Code. Topic Consumer Protection Key Words Fair Debt Collection Practices Act; Bankruptcy; Discharged Debt C A S E S U M M A R Y Facts Wagner filed Chapter 7 bankruptcy and received a discharge of her debts in 1997. Among the debts discharged was a note secured by a mortgage of real property. After the discharge, the note and mortgage were assigned to Ocwen, which is in the business of buying and collecting defaulted debts. Ocwen attempted to collect the discharged debt from Wagner. She sued, claiming violation of the Fair Debt Collection Practices Act for attempting to collect money from her that she did not owe. Ocwen moved to have the claim dismissed, contending that her only remedy would be under the Bankruptcy Code. Decision Motion denied. Since Wagner's debts had been discharged, she was not a debtor to Ocwen, who attempted to collect money from her. Ocwen's claim that only the Bankruptcy Code, but not the Fair Debt Collection Practices Act, could apply is incorrect. Both laws can be violated at the same time. Ocwen could be found in contempt of the Bankruptcy Code and in violation of the FDCPA. "Wagner's FDCPA claim, at its foundation, is no different from that of any other debtor who is dunned by a creditor who in fact is not owed any money; the fact that her debt was discharged in bankruptcy does not logically differentiate her case from that of a debtor whose debt was discharged in some other way." Citation Wagner v. Ocwen Federal Bank, FSB, 2000 WL 1382222 (N.D. Ill., 2000)
again people can be walked on if they do not stand up for their rights. aarrff - dogman =================== Most everyone is getting walked on by the credit industry for this very reason .
My last Sherman entry was deleted yesterday. I sent them validation letters too. They finally just let a dispute delete the tradeline. Whatever works is fine with me! It was interesting that they always responded to the disputes until I started asking for validation. Hmmmmmm......
Dogman! One CRA down!!! I received my updated TU report today. Sherman is totally deleted, about a 14 day turnaround time from when I mailed UDF. EQ and EX still processing. BUT, Guess what!??! In addition to deleting Sherman, TU deleted ALL OF MY REMAINING NEGATIVE TRADELINES!!!! (these were all showing prior as included in Ch 13. 12 TOTAL)...the public record Discharged BK 13 is the only negative left, no tradelines, just positives! my TU score jumped from 645 to 710 on that note! UNBELIEVABLE!!!
That's wonderful Niceguy - fantastic! Sherman probably got a lot of heat from the public - but again, maybe not (just from those on this board!!) With that great score, isn't NOW the time to apply for that card you've waited for? Aroo! aarrrffff - dogman
