Sherman...what should I do first?

Discussion in 'Credit Talk' started by katieD, Jul 11, 2003.

  1. katieD

    katieD Member

    Filed chapter 13 11/1999 and it is to be discharged 11/2004.

    Experian CR-Sherman has a Status: Petition for Chapter 13 Bankruptcy/Collection account. $2583 past due as of 6-2003. Date opened 3/2000 Reported since 7/2002 Last reported 6/2003 Recent balance 2583. Account history: Filed Chapter 13 Bankruptcy 7/18/2002!

    TU-Account Type Open Account
    Credit Limit
    (High Credit)
    $2,651
    Minimum Monthy Payment (Terms)

    Date Opened March, 2000
    Date of Last Activity Not on Record
    Date Paid Out Not on Record
    Date Closed
    Loan Type Factoring Company Account
    Collateral 12 FIRST USA
    Description Chap. 13 bankruptcy


    Last Report on January, 2003
    Balance Current status Past Due Amount
    $2,651 Collection account $0



    Recent Payment History

    Seven Year Payment History
    30 days late: 0 60 days late: 0 90+ days late: 0




    Should I dispute with CRA or with CA first?
     
  2. Gersh

    Gersh Well-Known Member

    I'm just getting them cleaned up also ..

    I just received a letter from them saying that they no longer have my account.

    lemme back up ..

    I went ch13 in 6/1998. I had an AMICO card. This account went to PB/CITY. BP/CITI sold the account to Sherman in 2001. Sherman then posted it to CRA as a open collection account.

    The letter I got today? At the end it said the letter was an attempt to collect on a debt.

    some people just beg to be sued ..

    YA JUST AIN'T SUPPOSED TO TRY TO COLLECT ON A BANKRUPTCY PROTECTED ACCOUNT. It's the whole idea about 7 or 13 ..

    Anyone out there have any suggestions .. such as how much I should sue for? And in which court .. and how many and which laws they broke??
     
  3. jlynn

    jlynn Well-Known Member

    It could be a violation of the FDCPA if they did NOT put that statement in their letter.

    (11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
     
  4. Gersh

    Gersh Well-Known Member

    Re: Re: Sherman...what should I do first?

    All the more reason that they should NOT have had my account at all.

    ANYTHING they would do with the account would violate law.

    They buy accounts that are in bankruptcy, and then try to collect. They are looking for trouble.
     

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