They can't LOCATE me?

[Sabby]

What is the name of your state? Ohio
My question is this. I had an account with Direct Merchants. When I filed Chapter 13 in December 2003, I included Direct Merchants in my bankruptcy. I checked my report in December 2005 and for Direct Merchants it says that the creditor can not locate consumer. The month they stopped was January 2003. I have been at the same residence all my life(live with parents). How can they not locate me. I have told them prior to my filing that I may file for bankruptcy. I included them in my bankruptcy and they never filed a claim. I just looked at my credit report this year and it seems that some company called HSBC has taken over the account. They are stating the same thing. That account is still open. When I filed in 2003 I used the address of Direct Merchants. When I checked my credit report in 2005, it was still Direct Merchants. Now in 2006, it is HSBC. Should I worry about it now or wait until my bankruptcy is over? Since many creditors did not file a claim, I will be done in March 2007 instead of December 2008.

 

[Ladynred]

How can they not locate me.

It's BS is what it is. If you live with your parents and have no phone or address that is separate from theirs, then they try this 'can't locacte' nonsense.

AS for HSBC (Household Bank), they cannot report ANYTHING negative on a discharged debt. If you are still in the Ch 13, then they are violating the automatic stay by reporting any negative information. It really doensn't matter that HSBC has taken over or bought up your DMB account, it was still included in the CH 13. You should have your lawyer send HSBC a letter informing them of your bankrutpcy and that DMB was included and never made a claim. Get your lawyer to handle this.

 

[Sabby]

Thanks Ladynred. I will call my attorney on Monday

 

[SkankCheese]

Just FYI....
I had an account with Direct Merchants. I believe HSBC is the parent company. If you look at the small print on your statements you will see that company name somewhere.

 

[cbg]

Just as an FYI; mistakes happen.

I once received a 401k statement forwarded by the IRS. My former employer had in error changed my address in their systems to one in a town I've never heard of, in a state I've never even visited, let alone lived. In investigating, it appears that it was human error and the person directly below me in the database lived at the address in question. The employer legitimately could not locate me because they were looking in the wrong place.

Their fault for an incorrect address change; not their fault the mail was returned Unknown At This Address.