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violation of BK law

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W

WRose

Guest
What is the name of your state?What is the name of your state?Tenessee
My boyfriend had filed bankruptcy in 2002. I had co-signed for one of his personal loans. The loan company hassled me into taken the loan up in my name. I did, and started paying for the debt. Then my hours at work were cut, and I couldn't afford to pay the whole monthly payment. I tried to pay part of it, but they refused to accept it. So I quit paying all together. During the mean time, the same loan company sent my boy friend a bill. The letter said he he is past due $1900.00 they need to talk to him to set up a payment pay and get this matter cleared up. His bankruptcy was discharged
in August 2002. I saved the letter.
I know from reading the other post, that the loan company is in violation of the bankructy law. We are not sure yet if they have put this on his credit report. We just ask for a credit report... were waiting.
I want to know if I can hold this violation over them to get out of paying for this debt. These people have hasseled me, been rude to me, and aggravated me to death. Honestly I don't want to pay!!!
What do you all think?
 


guest.

Member
You have a long way to go to be past the SOL in Tn to be free from legal liability. How much is the debt for? If it is a substantial amount I doubt a threat of lawsuit will deter them from filing, especially since the violations were against him and not you so you will not have a countersuit. He would have to file separately.
If his rights have been violated he needs to take action and give you the proceedes to pay this off. You do not want your credit harmed on his account (you may not care now, but you will later). Are they already demanding payment in full or will they work with you and keep this off your report?
 
W

WRose

Guest
explaining

I only owe the $1900.00. What I wanted to do is trade off. My boyfriend will not push the violation, if they agree to either work with me or reduce the debt for me. They were asking him to pay the same debt I am responsible for. I don't want to ruin my credit, but at the time I had no choice;but not to pay. I could barely afford to pay to buy grocerys at the time. I'm just now getting back on my feet. I want to get this matter taken car of.
My boyfriend is willing to work with me to get the best possible out come for me.
Thanks again
 

guest.

Member
Ok, for $1900 you might have some leverage if there are actual violations. If this is the original creditor you won't have any FDCPA claims, but you may have some FCRA (Fair Credit Reporting Act) violations.
Look at www.naca.net for a consumer protection attorney in your area, click on details, and see if they have an interest or experience in FCRA violations.
You can probably consult with them to find out if they believe there are any violations and proceed from there.
I also recommend posting on www.creditboards.com as many people there have (pro se, on one's own behalf) filed suits against creditors for FCRA violations and may give you some pointers. All internet advice, however, is anonymous and I reiterate the recommendation to search for a consumer protection attorney in your area, if not the naca web page then your local phone book. Most offer free initial or cheap consultations.
 

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