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  #1  
Old 05-12-2003, 05:16 PM
Member
 
Join Date: Nov 2001
Location: Northern California
Posts: 75

From OC to CA after BK filing???


What is the name of your state? CA

Filed for Chp 7 2/97; discharge of debts 5/15/97.

I had two accounts at the same Hospital included as OCs on this BK. So&So Hospital, et al. A CA obtained these two accounts in 12/1997; and just started reporting them as of 3/03.

1. I asked for validation from the CA, responded with copies of invoices (nothing from the hospital).

2. The hospital has been sold and has no accounts from my husband or my ss#; nor my children's numbers. Have a letter stating this, sent to CA and Exp and Equifax. Now are reporting account as included in BK which is right but wrong. CR won't delete with this letter because the OC didn't report, the CA did. The CA doesn't care about the BK because they weren't names; and their paperwork is for Dr. So and So, but not So and So Hospital; but this doctor treated the children at the hospital and apparently used outside billing. The amounts due are amounts that weren't covered by my insurance at the time.

3. Final question, how to get the CRs and the CA to delete this. It should not have been turned over to collection after the BK was discharged or even filed.

What should I do. The CA doesn't care about the OC's letter regarding my accounts within that institution; and the CRAs won't delete just keep reinvestigating etc, etc... Any ideas....
  #2  
Old 05-12-2003, 05:37 PM
Senior Member
 
Join Date: May 2001
Posts: 6,454
Ah, reaging, and false and misleading representation as well as violating the bk stay. I'd suggest the CA owes you some money now.
I'd start looking for a consumer lawyer. You might wish to go to [url]www.ftc.gov[/url] and read the FDCPA and, the FCRA. They violated a pile of law. Plus, I believe Calif. has a pretty stiff debt collection law.
Who is the CA? Aome of these bottom feeders are getting sued all over the country and someone may be able to refer you to a lawyer who is familar with their practices.
  #3  
Old 05-12-2003, 07:32 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Bigun is right, its time for a lawsuit for violations of the FCRA, which is fine enough, BUT, violating the FEDERAL injunction of the BK discharge can get this jerks fined and sanctioned with an even bigger club than the FCRA !
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