Old BK acct haunting me

What is the name of your state?What is the name of your state? VA

I had a chapter 7 discharged about 11 months ago. For some reason, First USA has started listing my account as late 30, late 60 and now late 90 just in the past couple of months. It used to read $0 balance but now it has the full balance back on there.

I called them (First USA) today and they said they have every right to pull my report and list it as late so long as they also list it as included in BK.

That doesn't sound right to me. Any advice?

P.S. My BK atty passed away about 6 months after the discharge so I can't ask him. Private practice, no partner, no more office but I do have a copy of all my paperwork.

[MrKee]

Originally Posted by lordiamtired

What is the name of your state?What is the name of your state? VA

I had a chapter 7 discharged about 11 months ago. For some reason, First USA has started listing my account as late 30, late 60 and now late 90 just in the past couple of months. It used to read $0 balance but now it has the full balance back on there.

I called them (First USA) today and they said they have every right to pull my report and list it as late so long as they also list it as included in BK.

That doesn't sound right to me. Any advice?

P.S. My BK atty passed away about 6 months after the discharge so I can't ask him. Private practice, no partner, no more office but I do have a copy of all my paperwork.

Reporting as such constitutes continued collection activity, which they CANNOT do on a debt legally discharged in bankruptcy. Give them a summons and see if they still feel the same way!

MrKee

[MrKee]

[quote=lordiamtired]What is the name of your state?What is the name of your state? VA

I called them (First USA) today and they said they have every right to pull my report and list it as late so long as they also list it as included in BK.

Tired,

I missed this when first reading it through! Are they still pulling your credit report? If so, that is a clear violation of § 604 of the FCRA, Permissible purposes of consumer reports [15 U.S.C. § 1681b].

MrKee

Yes, they pulled it as recent as this month. The lady in the BK dept at First USA said it was only a soft pull and they have PP since the account is still listed as open. When I asked why it was listed as open when it was discharged, she said that was completely the creditors choice whether or not to close an account.

Don't they HAVE to close it after a discharge? If not and I write them and tell them to close the account, will that move the date of last activity?

[Ladynred]

Absolutely NOT permissable purpose for an inquiry or anything else !!!! They LIE !

FUSA are being really nasty and vindictive with this practice of theirs and it IS illegal. I know of at LEAST 3 federal court cases against them for almost the exact same problem you're having.

Bankruptcy completely severs your 'business relationship' with the creditor. You can damn well bet that account is NOT open - lets see you try to use that FUSA card ! As already stated, reporting lates and a balance AFTER your BK filing date is considered continued collection activity and a definite violation of the permanent injunction of the BK discharge !

Does the FUSA tradeline actually SAY 'included in bankruptcy' ??? I'd be willing to bet it does NOT as they flatly REFUSE to report IIB and would rather show the debt as a recent charge-off with a balance due !!

It IS allowed for them to report the HISTORY, so if there were lates prior to your BK that CAN legally stay, but lates AFTER you filed are NOT legal.

Time for a strongly worded intent to sue letter but be prepared to follow-thru with it if they ignore you. You also need to stop calling FUSA and do your disputes thru the credit bureaus FIRST.

You could be in for an extended battle. If you don't want to fight them or can't do it yourself, I suggest you find a lawyer who can help you. Try [url]www.naca.net[/url] first.

[bigun]

Here's an instant where a poster sued a creditor over inquiries on a credit report post bk.

[url]http://forum.creditcourt.com/discus/messages/3337/3337.html[/url]

You'll also find a blog for a consumer who is suing First USA in Federal Court over the bk reporting.

[cyana24]

DE here
Ahoy fellow FUSA victim

Listen to Ladynred. Also read [url]http://firstusa-credit-suit.us/[/url] which details one consumer's case against FUSA and other entities. I do not think his blog will continue. The latest entry shows he's appealing the Federal Courts decision. FUSA will NOT back down. Very disheartening.

You can also read [url]http://forum.creditcourt.com/discus/messages/2572/2572.html[/url] which details this particular consumer's and my documentation to BankOne/FUSA in our attempts to call attention to FUSA's misinformation. Read BankOne/FUSA's replies to us.

At the moment, I have AT LEAST 4 "bulleyes" (soft, non-pp) inquiries of my discharged FUSA account and my "past due" balance has somehow increased from $30 to $110. FUSA says they have a right to pull a soft with each piece of correspondence you send regarding them, because after your account is just "charged off" not "discharged " (because B1/FUSA refuses to recognize the discharge).

I also refer you to [url]www.creditboards.com[/url] - search on "First USA" and you will see that you're not alone.