SUCCESS & Victory again! WOW, It happened!

[Homeowner]

Here's the story:

http://www.creditboards.com/phpBB2/viewtop...pic.php?t=15838

 

Now, I am sorta skeptical about exactly what to expect and demand for. So I tried to create a "I got you by the b***s so what do you want to do to get me to release my grip?" kind of letter. Here it is. I think it may be a little choppy and confusing. Now keep in mind, I will also be sending an indentical copy from my wife.

 

See below for revised version.

[Homeowner]

bump :?: :?: :?: :?:

[LKH]

The letter I think is ok. But, I don't think I would send all your "proof" with the letter. If it comes to a lawsuit, you may want to surprise them with the detail of your info in the courtroom. I would send a copy of the list of creditors showing their name, with every other acct whited out. I would not send a copy of the reports. It is their job to know what they are reporting, and when they do an inquiry to see how it's reporting, you'll have them on another violation.

 

You may also want to wait for your disputes with the cra's to complete, before sending this.

[keepmine]

You may want to contact this law firm.

www.edcombs.com and click "special" at the top right. Washington Mutual is on a list of mortgage comapnies about whom they're seeking information.

[Homeowner]

Okay, I made some changes, here's the revised version. After reading summaries of the latter two cases referenced in the first paragraph, I am really geared up to go after these salamanders.

 

 

 

 

 

See below for revised version.

[JessicaRabbit88]

The letter I think is ok. But, I don't think I would send all your "proof" with the letter. If it comes to a lawsuit, you may want to surprise them with the detail of your info in the courtroom. I would send a copy of the list of creditors showing their name, with every other acct whited out. I would not send a copy of the reports. It is their job to know what they are reporting, and when they do an inquiry to see how it's reporting, you'll have them on another violation.

 

You may also want to wait for your disputes with the cra's to complete, before sending this.

 

Thought maybe you missed this - so I am bringing it back to your attention because it is really good information.

 

Jessica

[Homeowner]

Okay, here's the final version. I understand your point JessicaRabbit, and while I wholeheartedly agree, my goal is somewhat different. My goal is to first and foremost to get them to delete the whole TL. Then, if I can get them to pay a little, I won't cry about that either. In any case, I think I have a very strong case. Unfortunately, my attorney is just an "average case" attorney. He doesn't take up these things, all he will do is contact the creditor and tell them to stop.

 

Mr. Lawnmower and Mrs. Lawnmower

1111 Grassy St.

GreenCity, US 22222

 

salamander Mortgage

999 SoreRear Ln.

BootInRearTown, US 33333

 

November 12, 2003

 

Account # ******-*

 

Dear salamander Mortgage Representative:

 

You are inaccurately and incompletely furnishing negative information regarding the above-referenced account to the major CRA's in violation of the reporting requirements of the FCRA and for which you are responsible. In addition to your FCRA violations, your continued collection activities are in flagrant violation of US Bankruptcy Code. You may wish to reference Case No. 00-15946, Nelson vs. Chase Manhattan – US Court of Appeals, 9th Circuit, Case No. C-B-89-31560 - US Bankruptcy Court, Western North Carolina District, and Case No. C-B-87-007 - US Bankruptcy Court, Western North Carolina District.

 

We are presently in the process of disputing the above-referenced account and its reported information with the consumer reporting agencies.

 

We dispute your information included in the tradeline of the above referenced account as being inaccurate and an attempt to collect a discharged debt. More importantly, this is a violation of US Bankruptcy Code 11 U.S.C. 362 and 11 U.S.C 524, in that the 3 seperate tradelines with the above referenced account are reporting as 120+ days past due and with a $43,000+ balance. This inaccurate furnishing of information is also in violation of FCRA, Section 623. Consequences of this willful and neglectful handling of the above referenced discharged debt may be referenced in FCRA Section 616 and Section 617.

 

Additionally, since filing and receiving a Chapter 7 bankruptcy discharge, we have received monthly statements trying to collect on this discharged debt, in violation of US Bankruptcy Code 11 U.S.C. 362 and 11 U.S.C. 524. On October 31, 2002, our attorney was mailed a letter from First salamander Mortgage referencing the bankruptcy by case number which stated effective January 7, 2002, First salamander Mortgage became a division of salamander Mortgage. Since the following month (February, 2002), we have been receiving written attempts to collect on this discharged debt while your company had knowledge of our bankruptcy discharge. This is in violation of US Bankruptcy Code 11 U.S.C. 362 and 11 U.S.C 524. In March, 2003, salamander Mortgage initiated an inquiry into our Equifax credit report which referenced the chapter 7 bankruptcy. Nevertheless, this inquiry provides salamander Mortgage with a second confirmation of our bankruptcy. Furthermore, we sent two certified letters on May 28, 2003, referencing the bankruptcy, including filing date, discharge date, location of court, and the case number. This sending and receiving of information provides salamander Mortgage with another confirmation of our bankruptcy. However, salamander Mortgage again sent us monthly written attempts to collect on the discharged debt on the statement dates of June 16, 2003, July 16, 2003, and August 18, 2003, i.e. neglectfully ignoring the US Bankruptcy Code. In our current possession are two certified return signature receipts which are referenced with the signatures of **** ********* and **** ****** proving the mailing, delivery, and receipt of the above mentioned letters. On July 29,2003, we mailed your company a copy of the actual bankruptcy discharge and final decree. This was yet another confirmation of our bankruptcy that salamander Mortgage received. Still salamander Mortgage neglectfully failed to observe and comply with the US Bankruptcy Code.

 

In June, July, and August of 2003, salamander Mortgage reported to the credit bureaus a non-payment/late payment status on the above referenced discharged debt. Again, this activity is in violation of US Bankruptcy Code 11 U.S.C. 362, as well as FCRA, section 623.

 

Currently, our credit scores have suffered greatly as a direct result of your inaccurate information given neglectfully to the credit bureaus. Your continued, neglectful, and willing violation of US Bankruptcy Code and the FCRA have caused us tremendous mental disturbance and distress, as well as humiliation and embarassment. Additionally, all above referenced actions have severly hampered our ability to secure other credit lines with reasonable terms. Since this inaccurate and illegal reporting began, we have applied for various creditlines. Your improper and illegal reporting of the tradeline in dispute has inarguably forced us to pay a higher interest rate on new creditlines than we would otherwise have been charged if the tradeline had been accurate and in compliance with the US Bankruptcy Code and FCRA. Additionally, we have began the attempt to obtain a new mortgage by contacting prospective brokers and lenders. Due to your illegal activites, the reasonable feasibility of us having the ability to secure a new mortgage has been dramatically altered, more so than what is permitted lawfully.

 

In summary, your company has:

* Made 30 illegal and/or inaccurate reports to three seperate credit bureaus: Three months late listings of payments of a discharged debt at each credit bureau under each name, three seperate inaccurate listings of a balance on the discharged debt under each name(should be 0, per US Bankruptcy Code), and three seperate inaccurate, illegal listings of the discharged debt's status under each name(should be "Included in bankruptcy").

* Made 7 months of illegal attempts to collect on a disharged debt, by sending written attempts to collect.

* Made 6 seperate illegal/inaccurate listings on our credit reports, i.e. viewed as illegal attempts to collect on a discharged debt.

 

Should you not be able or willing to provide us with a favorable response, at my discretion, to these matters within the next 30 days, we may seek legal counsel and remedies at my time of convenience and choosing, including, but not limited to a request for an FTC investigation into this matter, a Better Business Bureau formal complaint, a request of investigation into this matter from the state's attorney general's office, and/or possible legal recourse. Additionally, you are formally warned against trying to collect any deficiency of the balance of the discharged debt, as well as incorrectly reporting to the IRS that any amounts are personal income of the original loan holders.

 

We expect final resolution of this matter within 30 days and look forward to receiving written confirmation of my request as well as written confirmation of salamander Mortgage's offer of intended actions.

 

You may contact us via telephone if you desire, at 828-555-5555. However, all offers of settlement must be submitted in written form to the address listed at the top of the first page. Additionally, no representative of your company, nor any individual(s) acting upon your behalf may record any telephone conversation with either of us or any other individual representing us.

 

Sincerely,

 

 

 

Mr. Lawnmower

Mrs. Lawnmower

 

 

 

Attachments:

Bankruptcy Discharge

Bankruptcy Final Decree

Copy of Equifax Inquiries

Copy of Incorrect/Inaccurate Listed Account

Letter Dated May 28, 2003

Letter Dated July 29, 2003

Copy of 2 Certfied Mail Signature Return Cards

Copy of June 16, 2003 Loan Statement

Copy of July 16, 2003 Loan Statement with the notation of "We are a debt collector. This communication is an attempt to collect a debt, and any information obtained will be used for that purpose."

Copy of August 18, 2003 Loan Statement with the notation of "We are a debt collector. This communication is an attempt to collect a debt, and any information obtained will be used for that purpose."

Copy of Letter to Attorney Regarding salamander Mortgage's Acquistion of First salamander Mortgage with the bankruptcy and case number referenced.

[Homeowner]

Now I am sending this in so that they think I am dead serious:

 

Me (debtor)

Wife(debtor)

0000 Furious Ave.

Ourtown, NC 11111

 

 

 

salamander Mortgage (creditor)

PO Box 2222

Screwedupcity, ?? 99999

 

To Whom It May Concern:

 

The following is a formal complaint regarding issues with your company. On November 10, 2003, we mailed you copies of our request for your company to cease and desist all further attempts for collection of our mortgage loan which was discharged in a Chapter 7 Bankruptcy and to abstain from further inaccurate, misleading reporting of our account to the credit bureaus.

 

Complaint:

 

Statement of Facts

 

Comes now, Debtors do hereby file this complaint based on creditor's violations of the Fair Credit Reporting Act and US Bankruptcy Code, and states as follows:

 

Debtors are residents of Stick Us County, North Carolina.

 

Creditor is salamander Mortgage, a mortgage company licensed to do business in the state of North Carolina.

 

1)On July, 30, 1996, Debtors obtained a mortgage with First salamander Mortgage Company. Mortgage of property located at 333 Loss St, Formertown, NC 88888, was secured with a deed of trust. Mortgage was assigned account # *******.

2)On August 27, 2002, Debtors signed a chapter 7 bankruptcy petition at the office of our attorney at his address. Said petition included mortgage (*******) with First salamander Mortgage Company. Debtors agreed to reaffirm or remain current on mortgage payments.

3)On September 3, 2002, Debtor's bankruptcy petition was electronically filed with the United States Bankruptcy Court, ***** District of North Carolina. Said bankruptcy petition was assigned a case number of **-*****. Notices were sent to First salamander Mortgage regarding bankruptcy petition.

4)On October 31, 2002, First salamander Mortgage sent letter to Debtor's attorney stating:

“RE: BANKRUPTCY CASE NO. **-*****

LOAN NO. *******

DEBTOR NAME: OUR NAMES

TO WHOM IT MAY CONCERN:

WE ARE WRITING TO INFORM YOU THAT EFFECTIVE JANUARY 7TH,

2002, FIRST salamander MORTGAGE COMPANY, FORMERLY A

SUBSIDIARY OF THE SECOND salamander BANK, BECAME A DIVISION

OF FIRST salamander BANK, FA.

AS A RESULT OF THIS ACQUISITION, EFFECTIVE NOVEMBER 4, 2002, THE

ABOVE REFERENCED LOAN WILL BE SERVICED BY FIRST salamander BANK, FA.”

5)On December 12, 2002, Debtors were given a discharge to all dischargeable debts, including mortgage, and the United States Bankruptcy Court issued a Final Decree.

6)Debtors continued to receive written forms of intention to collect each month from

First salamander. Debtors continued to make monthly payments on time each month. First salamander assigned a new account number (*******-*) to mortgage loan of Debtor's.

7)In the month of March, 2003, Moron Lending, a division of First salamander initiated an account review inquiry on Debtor's equifax credit report.

8)On May 28,2003, Debtors sent notice to Creditor of Debtor's intention to abandon property of former address, secured by mortgage loan (*******-*). Debtors sent the notice of intent via US Postal Service Certified Mail to the following addresses:

PO Box 2222 there

777 there too

These letters referenced the loan number, street address of property, effective date of abandonment, dischargeability of mortgage debt via chapter 7 bankruptcy, Debtor's bankruptcy case number, and Debtor's bankruptcy filing date.

9)On or about June 3, 2003, Debtors received confirmation of delivery and receipt of above mentioned letters via US Postal Service Certified Mail Domestic Return Receipt. Article numbers for the above mentioned letters are big long numbers.

10)In the month of June, 2003, Debtors received via US Postal Mail, a monthly statement referencing an amount of $927.23 due as of June 1, 2003, on the discharged debt. The same statement referenced an outstanding balance of $43,683.42.

11)In the month of July, 2003, Debtors received via US Postal Mail, a monthly statement referencing an amount of $1,398.33 due as of June 1, 2003, on the discharged debt. The same statement referenced an outstanding balance of $43,683.42. Same letter included the notation of, “We are a debt collector. This communication is an attempt to collect a debt, and any information obtained will be used for that purpose.”.

12)On or about July 28, 2003, Debtor (me) called via telephone and spoke to a representative of First salamander regarding the continued attempts of collection of a dischargeable debt on the part of First salamander. In response of directions given to Debtor (me) by the representative of First salamander, Debtors mailed another letter on July 29, 2003, to First salamander, PO Box ****, Scumcity, **. This letter included attachments of Debtor's Final Decree and Order of Discharge, both referencing Debtor's case number.

13)In the month of August, 2003, Debtors received via US Postal Mail, a monthly statement referencing an amount of $1,880.18 due as of June 1, 2003, on the discharged debt. The same statement referenced an outstanding balance of $43,683.42. Same letter included the notation of, “We are a debt collector. This communication is an attempt to collect a debt, and any information obtained will be used for that purpose.”.

14)In the month of October, 2003, Debtors began initial inquiries to various mortgage lenders regarding potential opportunities of securing financing for another mortgage.

15)Upon pulling Debtors Equifax and Transunion credit reports in the month of November, 2003, Debtors realized that First salamander inserted another tradeline (two tradelines were listed as one referenced the previous loan number and the other referenced the current loan number) on Debtor's credit reports with the following inaccurate, adverse information:

Status: 120+ days past due, Balance: $43,683, Past Due: $2,362, Comments: Foreclosure Process Started, Real Estate Mortgage

16)On November 10, 2003, Debtors sent letters via US Postal Service Certfied Mail to First salamander regarding intentions of Debtors to explore legal recourse in form of complaints and possibly court proceedings against creditor for failure to obey, observe all relevant laws, including, but not limited to US Bankruptcy Code and the Fair Credit Reporting Act. Debtors included attachments of Final Decree, Order of Discharge, and Schedule D, as well as other relevant information.

17)On November 14, 2003, Debtors received via US Postal Mail, a letter regarding the discharged mortgage loan. Creditor sent Debtors a statement from Safeco, an insurance company retained by First salamander, concerning payments for insurance coverage of the property of former address that Creditor initiated to insure any of creditor's losses. In it, the letter contains the statement of “Please be aware that you will be responsible for the insurance charges for this coverage.”.

18)On November 14, 2003, Debtor (me) called via telephone Creditor regarding Safeco letter received and the discharge of debt Debtors received from the mortgage loan.

19)On November 14, 2003, Debtors mailed a letter of intention to explore legal recourse in form of complaints and possibly court proceedings against creditor for failure to obey, observe all relevant laws, including, but not limited to US Bankruptcy Code and the Fair Credit Reporting Act. Said letter was mailed to return address found on the envelope containing Safeco letter that Creditor mailed to Debtors. The address is *** ****** **. Debtors included attachments of Final Decree, Order of Discharge, and Schedule D, as well as other relevant information.

 

ACTION I – VIOLATION OF US BANKRUPTCY CODE

20.First salamander's continued collection activities in the form of continued mailing of statements (January, 2003 to August, 2003) seeking payment and mailing of Safeco insurance letter violates and disregards 11 U.S.C. Sec. 524(a)2:

 

 

 

(a) A discharge in a case under this title -

(2) operates as an injunction against the commencement or

continuation of an action, the employment of process, or an act,

to collect, recover or offset any such debt as a personal

liability of the debtor, whether or not discharge of such debt is

waived; and

 

 

21.First salamander's continued collection activities in the form of providing credit bureaus with inaccurate, incomplete information of Debtor's account violates and disregards 11 U.S.C. Sec. 524(a)2:

 

 

 

a) A discharge in a case under this title -

(2) operates as an injunction against the commencement or

continuation of an action, the employment of process, or an act,

to collect, recover or offset any such debt as a personal

liability of the debtor, whether or not discharge of such debt is

waived; and

 

 

 

COUNT II – VIOLATION OF FAIR CREDIT REPORTING ACT

22.First salamander's providing of inaccurate/misleading information to credit bureaus violates Debtor's rights under FCRA sec.623(a)1:

 

(a) Duty of furnishers of information to provide accurate information.

(1) Prohibition.

 

(A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate.

 

( Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if

 

(i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and

 

(ii) the information is, in fact, inaccurate.

23.Firt salamander's refusal to correct inaccurate information contained in Debtor's credit reports after continued providing of inaccurate/misleading information to credit bureaus and the continued providing of adverse information (which was previously verified as being inaccurate) which is inaccurate and/or incomplete after the Final Decree and Order of Discharge and after many confirmations Creditor received from Debtors violates Debtor's rights under FCRA sec.623(a)2:

 

(a) Duty of furnishers of information to provide accurate information.

(2) Duty to correct and update information. A person who

 

(A) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person's transactions or experiences with any consumer; and

 

( has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.

24.First salamander's (listed as Second salamander Lending, a division of First salamander) initiating an account review inquiry (after chapter 7 discharge of debt with Creditor) on Debtor's Equifax credit reports in March 2003 is in violation of FCRA sec.604(a):

 

(a) In general. Subject to subsection ©, any consumer reporting agency may furnish a consumer report under the following circumstances and no other:

(1) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury.

 

(2) In accordance with the written instructions of the consumer to whom it relates.

(3) To a person which it has reason to believe

 

(A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or

 

( intends to use the information for employment purposes; or

 

© intends to use the information in connection with the underwriting of insurance involving the consumer; or

 

(D) intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; or

 

(E) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation; or

 

(F) otherwise has a legitimate business need for the information

 

(i) in connection with a business transaction that is initiated by the consumer; or

 

(ii) to review an account to determine whether the consumer continues to meet the terms of the account.

 

Summary

 

25.Creditor has repeatedly ignored US Bankruptcy Code, even after several confirmations of discharged debt via Debtor's chapter 7 bankruptcy, by sending of written requests for payments related to discharged debt.

26.Creditor has willfully provide inaccurate and misleading information to credit bureaus concerning Debtors, including unlawful reporting of payment history after bankruptcy discharge, reporting a balance other than $0 on discharged debt, the statement “Foreclosure proceedings started” without any reference of the debt being discharged in bankruptcy reported on the disputed tradeline. Debtors have a credit score that is lower than it should be. This damages Debtor's ability to obtain credit at otherwise more reasonable rates. Debtor's cannot obtain a mortgage loan at a rate they would otherwise be able to obtain due to the damage caused by the willful actions and/or inactions of the Creditor.

27.Creditor has initiated a non-permissable purpose credit inquiry on Debtor's Equifax reports in March, 2003, in the form of an account inquiry.

 

Any suggestions or thoughts?

[Homeowner]

bump

[Homeowner]

SUCCESS IS SO SWEET!!!!!!

 

Just got my wife's equifax report back and viola, the only thing it states is IIB, nothing else! Now the wait is on for my equifax.

[oneday]

Hello.

New to board.

Incredible post.

Nice

[Homeowner]

:evil: :evil: :evil: :evil:

The dang salamanders changed it back!!!!!!!!!!!!!!!!!!!!!!!!

:evil: :evil: :evil: :evil:

 

But I think I may have it figured out. Each seperate tradeline has a seperate account number due to the transfers of the mortgage note and suprisingly it has a different Account Opening date. It appears as if it is two seperate mortgages. Luckily, I have all the written communication that states all the pertinent info of the transfers. Now to to send all that in and success may be once again!

[breeze]

Good work!! If I were you, I would sue them now.

[Homeowner]

Sue the CB's or OC or Both?

[Homeowner]

Just got my wife's TU report in the mail and...............

 

[/size]THEY DELETED THE ENTIRE MORTGAGE TRADELINE THAT REFERENCED THE FORECLOSURE!!!!!!!!!!!!!!!!

 

:gun:

[PsychDoc]

Way to go.

 

Doc

[Homeowner]

Here's something else:

Every remaining tradeline that should be reading "Included in bankruptcy" has been changed to "unrated".

Any thoughts?

BTW, the bankruptcy IS still listed.

[PsychDoc]

Well, two good things about that:

 

-- I believe (but others may disagree) that unrated accounts are usually easier to dispute than included-in-bankruptcy ones. (That said, we've all seen people on these boards successfully dispute included-in-bankruptcy accounts.)

 

-- The accounts are now incorrect on their face in that they shouldn't appear on your reports as "unrated." On the other hand, if those unrated accounts don't include a history of late payments, then they will no longer hurt your credit score. They won't help either, but they won't hurt. "Unrated" is neutral.

 

Doc

[LKH]

Here's something else:

Every remaining tradeline that should be reading "Included in bankruptcy" has been changed to "unrated".  

Any thoughts?

BTW, the bankruptcy IS still listed.

 

Just curious if you got the "unrated" directly from a TU report or rather, from a PG report?

[Homeowner]

Straight from the horse's mouth:

 

It was a Transunion mailed report that was mailed to me regarding the results of the disputes I sent in.

 

I got to thinking about this, I figured I may have unintentionally did a 1-2 punch. However, the only thing I can figure out about the reason for the change in the IIB accounts to Unrated is the issue I pointed out to the CB's in my letter, that specifically states that they must maintain reasonable procedures to prevent inaccuracies in one's file.

[Homeowner]

Well,

 

I got in all the other reports on my wife and I, except for my TU, and everything is corrected except that EQ still has not changed anything on the mortgage tradeline. I just sent in a followup letter to them last week demanding proof and procedures of verification and we'll see what happens.

[Homeowner]

Why does EQ have people working under the minimum age of employment?

I know this is the case because you have to spell everything out to them! It is as if they are 3 years old, instead of 5!

Got an updated credit report and the freaking mortgage TL is still on there with $2k+ past due, collection account, $43k balance, foreclosure proceddings started, etc.

I just called and kiddie-talked the lady about how both TL's were the SAME loan even though the loan #'s were different because of an acquisition. So I go dig into my mortgage papers folder and what do I find? A 1098 form from 2002 tax year that had 2 on the same sheet of paper with a block of text explaining why I am recieving two 1098's (because of the acquisition). So I am faxing this to them. If this does not work, I am getting a lawyer!

When I called and questioned another lady about why EQ does not maintain reasonable procedures to assure accuracy in one's credit file, such as my case, she basically stated that there was no way and that that is the reason for the dispute process!

[Homeowner]

:gun:

 

 

ANOTHER ONE BITES THE DUST!!!!!!!!!!!!!!!!!!!!!!

Well it is nearing the 30 day mark of my initial disputes with detailed compliants to the OC's and we have got another victory.

I figured after working up a sweat with the EQ folks, I would go ahead and just check my EX report.

EX deleted the CREDITOR's statement of "Foreclosure proceedings started" and deleted all balances, past due remarks, and account history, so the only thing it reads now is IIB. They did this to both mine and my wife's!

TU has already deleted the entire TL off my wife's CR and I am still waiting for mine.

Now, EQ is being the lone holdout. In my statement faxed to them today, I demanded deletion with no mention of correction.

Aww, this is killing me with frustration and anxiety! If we can get EQ to delete, that would be great.

[Homeowner]

Well, the past few days have been good and bad. No, I didn't switch my car insurance to Gieco and save a bundle, but I have gotten all notations of "Foreclosure proceedings" removed on all credit reports except my TU. Funny thing is that they deleted it off my wife's. Evidently, those people who worked for EQ last week that were "mentally and intellectually challenged" have quit EQ and switched over to TU. Anyway, I think it is getting ready to come off. Anyway, Bank of America, one of the salamander creditors who have kept on reporting post discharge R2-R5 status codes on our accounts that were included in our bk has sent my wife a letter agreeing to remove that same TL from all credit reports. Hopefully, they will do mine too.

Another thing I have done is to send a letter to the FTC:

 

Federal Trade Commission

Consumer Response Center

600 Pennsylvania Ave. NW

Washington, DC 20580

 

 

Dear FTC Representative,

 

We formally request that an investigation be made in the unfair, deceptive, and unlawful practices of various companies. Additionally, we wish to petition your opinion upon the legality of the actions of these same companies. On DATE our joint chapter 7 bankruptcy case (# #########) was filed in the US Bankruptcy Court for the ? district of North Carolina.

Immediately after bankruptcy discharge, most of the creditors which had their debts discharged in our joint bankruptcy reported derogatory information that was/is misleading, inaccurate, incorrect, and/or in direct violation of the bankruptcy discharge order. Much of this information includes chargeoffs, past due balances, pending balances, and misleading creditor statements on our credit reports, such as, “Account closed by credit grantor”.

As instructed by our attorney, we sent copies of all our bankruptcy schedules to all three major credit bureaus. After several attempts of disputing, we were able to update our credit reports with accurate and correct information. However, several months later, we were dismayed to find that most of the same creditors had submitted derogatory information to the credit bureaus again that was/is misleading, inaccurate, incorrect, and/or in direct violation of the bankruptcy discharge order. We have been in the process to correct and update our credit reports again. But we are stunned as to how these creditors are allowed and permitted to do this knowingly and willfully.

For your reference, we were current on all debts at the time of the bankruptcy petition filing. We did not reaffirm any debt. All creditors were served notice of the bankruptcy and some received multiple notices. The mortgage listed on the bankruptcy schedules has been serviced by another company since the filing. It is my belief that this mortgage company (*ashington *utual) has submitted false information to the credit bureaus in order to conceal from the credit bureaus that the mortgage was the same mortgage included in the bankruptcy. The most current servicer tradeline of the mortgage (Homesid* Lendin*, a division of *ashington *utual) gives reference to an incorrect account opening date of MONTH, YEAR. The mortgage was actually originated in MONTH, YEAR with North American Mortgage. Since my bankruptcy filing, North American Mortgage became a division of *ashington *utual. *ashington *utual assigned my mortgage loan a new account number. After sending in several documents proving that this mortgage was the same mortgage in our bankruptcy petition, the mortgage tradeline on all of our credit reports is corrected except for my Transunion credit report. It is currently listed with a past due balance, payment due, and a creditor notation that it is a collection account.

We are sending in copies of our bankruptcy schedules, credit reports, and complaint letters to your agency for your review. However, I would like to mention some specific examples of why we are wishing to petition the FTC to take formal action(s) against these creditors.

1 US Bank: US Bank has continued to update our account with incorrect, misleading information after we have disputed the information and the credit bureaus have corrected the information. Currently, you can reference the US Bank tradeline we are enclosing as stating that we had this debt included in a bankruptcy on 12/12/2003. This is incorrect and misleading due the fact we did not have a second bankruptcy on 12/12/2003. We have only had one bankruptcy on **/**/****. Additionally, US Bank has been reporting on this account after the bankruptcy discharge. This debt was NOT reaffirmed, so therefore all account history must cease at the time of discharge.

2 Bank of America: Bank of America has continually flooded our credit reports with derogatory account coding, derogatory account history, and past due statements. This information is being listed on tradelines which were included and discharged in our bankruptcy. Upon viewing of the information we are submitting, you can see that this false, misleading information is being repeatedly submitted after we get our credit reports corrected.

3 Washington Mutual: Washington Mutual has continued attempts to collect on our discharged debt as well as submitting false, misleading information to the credit bureaus in an apparent effort to damage our credit score rating. Enclosed is a copy of a complaint letter sent to inform Washington Mutual of our intentions and requests for their immediate agreement to cease and desist all collection activities on this debt.

4 First USA: First USA has continually flooded our credit reports with derogatory account coding, derogatory account history, and past due statements. This information is being listed on tradelines which were included and discharged in our bankruptcy. Upon viewing of the information we are submitting, you can see that this false, misleading information is being repeatedly submitted after we get our credit reports corrected.

5 Capital One: Capital One has continually updated our credit reports with incorrect, misleading account history and account coding. Upon viewing of the information we are submitting, you can see that this false, misleading information is being repeatedly submitted after we get our credit reports corrected.

6 Fleet: Fleet has continually updated our credit reports with incorrect, misleading account history and account coding. Upon viewing of the information we are submitting, you can see that this false, misleading information is being repeatedly submitted after we get our credit reports corrected.

After sending in a written request to Experian, Equifax, and Transunion to place a “block” on access to our credit files by creditors which had their debts included and discharged in our bankruptcy, in reference to the tradelines which referenced discharged debts, we were informed by all three credit bureaus that our request could not be performed. Therefore, we are petitioning your opinion as to whether the response we received from each credit bureau is in violation of FCRA, section 607 ( which states that:

 

Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

We also formally petition your opinion regarding the question of, “Are the three major credit bureaus complying with FCRA, section 607 in our case, in allowing and/or permitting this false, misleading, and inaccurate information to be entered in our tradelines of our credit reports?”. We have sent in copies of our bankruptcy schedules to all three credit bureaus on multiple occasions.

If you require any additional information, please contact me at ###-###-####. Thank you for your time and consideration.

 

 

I added this to salamander-proof the analysis of the letter:

 

Explanation Page

 

Immediately after receiving a discharge of our debts, we pulled a 3 in 1 credit report in MONTH, YEAR. You can reference parts of this report as labeled as attachments 22-27. All misleading, inaccurate information is highlighted. For your reference, these debts can be confirmed on our bankruptcy schedules attached as attachments 1-3.

Next, 8-13, you will see that all accounts that were included in our bankruptcy are listed accurately and correctly. However, on attachment 14, you will see that there are two derogatory comments that are misleading, inaccurate. First, the mortgage may not appear to be the same mortgage listed in the bankruptcy schedules, so you will need to reference attachments 4-6. This will confirm that this is indeed the same debt that was discharged. If you reference attachment 7, you will see a letter confirming that I sent in information to dispute this tradeline and Transunion refused to accept the documentation. The documentation sent is the attachment 6. Today, this tradeline remains as it is shown on attachment 14 after several disputes and multiple submissions of attachments 4-6. Also, on attachment 14, US Bank (Firstar) has again started reporting incorrect, inaccurate, and misleading account history after the bankruptcy discharge.

Next, if you reference attachments 15-18, you will confirm that Equifax and these same creditors who have had their reporting corrected in the past, have again started reporting inaccurate, misleading, and false information. Bank of America has started reporting a past due status on months of */** to 9/03. First USA has falsely coded a late payment status in May, 1997, and reported a chargeoff status in */**. Finally, Washington Mutual reported an incorrect date of account opening of 9/96, a past due balance, a past due status, a current balance, and a derogatory account history after bankruptcy discharge. All of these accounts were discharged in our chapter 7 bankruptcy and none were reaffirmed.

On attachment 19-21, you will see more of this inaccurate, misleading, false information.

Lastly, attachments 28-33 is a complaint letter sent to Washington Mutual to inform them of their actions and our intentions.

In conclusion, any reasonable person can see that Washington Mutual, Bank of America, Fleet, and US Bank are responsible for ignoring FCRA, US Bankruptcy Code, US Bankruptcy court order, and destroying our credit score in an unlawful, non-permissable manner. We wish to petition FTC opinion as to whether these actions of re-updating our credit files with this inaccurate, misleading information is in violation of FCRA and/or FDCPA. Additionally, we would like to petition FTC opinion as to whether the credit bureaus have ignored and/or violated any law(s) as it relates to the continued allowance of creditors to submit false, misleading, incorrect, and/or inaccurate information to our credit files without regard to the true, correct information (bankruptcy schedules) we have sent to each credit bureau for their present and future reference.

 

Me

Wife

 

THEN I SENT IN COPIES OF THIS TO ALL THE CREDITORS. WONDER WHAT WILL COME OF THIS?

[Homeowner]

TU is beginning the "Can't dispute this tradeline anymore because creditor has verified information as being accurate" syndrome. Why are these people incapable of reading a plain english letter and forming a logical conclusion from it?

Anyway, the real reason for this followup is that I contacted the mortgage company by phone. I think I got their cage rattled. I was on the phone over an hour. Anyway, at the end, the salamander supervisor stated that "We have the legal right to report an open balance, past due status, and a foreclosure status WITHOUT any reference to the debt being discharged in a chapter 7 bankruptcy, even though you did not sign a reaffirmation agreement, and for the simple fact that you elected to remain current on payments in order to keep the property, which we can treat the same as a reaffirmation.".

This lady must be on drugs! I read to her verbatim the text on the discharge order and informed her that her company was in violation of that discharge order. Finally, she stated that she would have to contact the attorney who handled the foreclosure to determine for sure whether they are reporting the tradeline correctly. I drafted a final letter and here it is:

 

 

ME(debtor)

WIFE(debtor)

Our St.

Ourtown, XX OOOOO

 

 

Washington Mutual (creditor)

7301 Baymeadows Way

Jacksonville, FL 32256

 

December 31, 2003

 

Dear Washington Mutual representative:

 

Your company is continuing to disregard and violate a court order by trying to collect on a discharged debt that was included in a chapter 7 bankruptcy case on DATE. Judge ******* of the US Bankruptcy Court of DISTRICT of STATE issued a discharge order on DATE, discharging all personal liability of discharged debts of the above named individuals. For your reference, we are enclosing a copy of this order. Among these debts discharged is a debt of a mortgage loan with your company with a loan number of ********. It is listed as a mortgage through North American Mortgage with a loan number of *******, however, as you are aware, North American Mortgage's parent company, Dime Bancorp was acquired by Washington Mutual.

 

Currently, your company is reporting a balance, past due status, and no indication whatsoever that this debt has been discharged in a chapter 7 bankruptcy to one or more credit bureaus. After speaking to **** ****** on DATE, regarding this continued, willful violation of US Bankruptcy Code and Fair Credit Reporting Act, **** stated your company is taking the position that Washington Mutual can legally report a current balance and past due status to the credit bureaus without any indication of bankruptcy even though there was no reaffirmation agreement. Furthermore, **** stated Washington Mutual has a legal right to continue collection efforts upon this debt. I stated verbatim the reading of the discharged order specifically referencing that any continued collection efforts upon any discharged debt is null and void.

 

To date, we have sent multiple copies of our bankruptcy schedules, discharge order, letters of complaints, and many other copies of relevant documents to demand that your company cease and desist continued collection efforts regarding this debt. We have not received any reply from any representative of your company. Furthermore, your company has 15 days to respond to this dispute and our demands. Your continued silence will be considered as your agreement to our demands and the immediate correction of our credit reports will be considered agreed upon and performed. Furthermore, we formally request validation of the debt you claim we owe in writing and sent to us immediately. This must include a signed, written agreement bearing our signatures and the description of the process by which your company acquired the same loan (currently referenced as loan number ********) with a loan number of ******* from North American Mortgage. By law, you must provide me with this information in timely fashion. We have asked the Federal Trade Commission to investigate your company and it's continued incorrect, inaccurate, and misleading reporting of information to the credit bureaus.

To inform your company in detail of relevant issues, the following is a timeline of events regarding this situation, as well as a brief summary:

 

 

 

Statement of Facts

 

1)On DATE, Debtors obtained a mortgage with North American Mortgage Company. Mortgage of property located at ******, was secured with a deed of trust. Mortgage was assigned account # *******.

2)On DATE, Debtors signed a chapter 7 bankruptcy petition at the office of ATTORNEY, ATTORNEY'S ADDRESS. Said petition included mortgage (*******) with North American Mortgage Company. Debtors agreed to reaffirm or remain current on mortgage payments.

3)On DATE, Debtor's bankruptcy petition was electronically filed with the United States Bankruptcy Court, ******** District of STATE. Said bankruptcy petition was assigned a case number of #######. Notices were sent to North American Mortgage regarding bankruptcy petition.

4)On DATE, North American Mortgage sent letter to Debtor's attorney stating:

“RE: BANKRUPTCY CASE NO. #######

LOAN NO. *******

DEBTOR NAME: US

TO WHOM IT MAY CONCERN:

WE ARE WRITING TO INFORM YOU THAT EFFECTIVE JANUARY 7TH,

2002, NORTH AMERICAN MORTGAGE COMPANY, FORMERLY A

SUBSIDIARY OF THE DIME SAVINGS BANK, FSB, BECAME A DIVISION

OF WASHINGTON MUTUAL BANK, FA.

AS A RESULT OF THIS ACQUISITION, EFFECTIVE NOVEMBER 4, 2002, THE

ABOVE REFERENCED LOAN WILL BE SERVICED BY WASHINGTON

MUTUAL BANK, FA.”

5)On DATE, Debtors were given a discharge to all dischargeable debts, including mortgage, and the United States Bankruptcy Court issued a Final Decree.

6)Debtors continued to receive written forms of intention to collect each month from

Washington Mutual. Debtors continued to make monthly payments on time each month. Washington Mutual assigned a new account number (*********) to mortgage loan of Debtor's.

7)In the month of ****, Homeside Lending, a division of Washington Mutual initiated an account review inquiry on Debtor's equifax credit report.

8)On DATE, Debtors sent notice to Creditor of Debtor's intention to abandon property of **********, secured by mortgage loan (*********). Debtors sent the notice of intent via US Postal Service Certified Mail to the following addresses:

PO Box 47524, San Antonio, TX 78265-7524

9601 McAllister Freeway, San Antonio, TX 78216

These letters referenced the loan number, street address of property, effective date of abandonment, dischargeability of mortgage debt via chapter 7 bankruptcy, Debtor's bankruptcy case number, and Debtor's bankruptcy filing date.

9)On or about DATE, Debtors received confirmation of delivery and receipt of above mentioned letters via US Postal Service Certified Mail Domestic Return Receipt. Article numbers for the above mentioned letters are ####### and #######.

10)In the month of ****, Debtors received via US Postal Mail, a monthly statement referencing an amount of $927.23 due as of June 1, 2003, on the discharged debt. The same statement referenced an outstanding balance of $43,683.42.

11)In the month of ****, Debtors received via US Postal Mail, a monthly statement referencing an amount of $1,398.33 due as of June 1, 2003, on the discharged debt. The same statement referenced an outstanding balance of $43,683.42. Same letter included the notation of, “We are a debt collector. This communication is an attempt to collect a debt, and any information obtained will be used for that purpose.”.

12)On or about DATE, Debtor (ME) called via telephone and spoke to a representative of Washington Mutual regarding the continued attempts of collection of a dischargeable debt on the part of Washington Mutual. In response of directions given to Debtor (ME) by the representative of Washington Mutual, Debtors mailed another letter on DATE, to Washington Mutual, PO Box 47524, San Antonio, TX 78265-7524. This letter included attachments of Debtor's Final Decree and Order of Discharge, both referencing Debtor's case number.

13)In the month of *******, Debtors received via US Postal Mail, a monthly statement referencing an amount of $1,880.18 due as of June 1, 2003, on the discharged debt. The same statement referenced an outstanding balance of $43,683.42. Same letter included the notation of, “We are a debt collector. This communication is an attempt to collect a debt, and any information obtained will be used for that purpose.”.

14)In the month of ********, Debtors began initial inquiries to various mortgage lenders regarding potential opportunities of securing financing for another mortgage.

15)Upon pulling Debtors Equifax and Transunion credit reports in the month of ********, Debtors realized that Washington Mutual inserted another tradeline (two tradelines were listed as one referenced the previous loan number and the other referenced the current loan number) on Debtor's credit reports with the following inaccurate, adverse information:

Status: 120+ days past due, Balance: $43,683, Past Due: $2,362, Comments: Foreclosure Process Started, Real Estate Mortgage

16)On DATE, Debtors sent letters via US Postal Service Certfied Mail to Washington Mutual regarding intentions of Debtors to explore legal recourse in form of complaints and possibly court proceedings against creditor for failure to obey, observe all relevant laws, including, but not limited to US Bankruptcy Code and the Fair Credit Reporting Act. Debtors included attachments of Final Decree, Order of Discharge, and Schedule D, as well as other relevant information.

17)On DATE, Debtors received via US Postal Mail, a letter regarding the discharged mortgage loan. Creditor sent Debtors a statement from Safeco, an insurance company retained by Washington Mutual, concerning payments for insurance coverage of the property of **************, that Creditor initiated to insure any of creditor's losses. In it, the letter contains the statement of “Please be aware that you will be responsible for the insurance charges for this coverage.”.

18)On DATE, Debtor (ME) called via telephone Creditor regarding Safeco letter received and the discharge of debt Debtors received from the mortgage loan.

19)On DATE, Debtors mailed a letter of intention to explore legal recourse in form of complaints and possibly court proceedings against creditor for failure to obey, observe all relevant laws, including, but not limited to US Bankruptcy Code and the Fair Credit Reporting Act. Said letter was mailed to return address found on the envelope containing Safeco letter that Creditor mailed to Debtors. The address is PO Box 44090, Jacksonville, FL 32231-4090. Debtors included attachments of Final Decree, Order of Discharge, and Schedule D, as well as other relevant information.

 

ACTION I – VIOLATION OF US BANKRUPTCY CODE

20.Washington Mutual's continued collection activities in the form of continued mailing of statements (January, 2003 to August, 2003) seeking payment and mailing of Safeco insurance letter violates and disregards 11 U.S.C. Sec. 524(a)2:

 

 

 

(a) A discharge in a case under this title -

(2) operates as an injunction against the commencement or

continuation of an action, the employment of process, or an act,

to collect, recover or offset any such debt as a personal

liability of the debtor, whether or not discharge of such debt is

waived; and

 

 

21.Washington Mutual's continued collection activities in the form of providing credit bureaus with inaccurate, incomplete information of Debtor's account violates and disregards 11 U.S.C. Sec. 524(a)2:

 

 

 

a) A discharge in a case under this title -

(2) operates as an injunction against the commencement or

continuation of an action, the employment of process, or an act,

to collect, recover or offset any such debt as a personal

liability of the debtor, whether or not discharge of such debt is

waived; and

 

 

 

COUNT II – VIOLATION OF FAIR CREDIT REPORTING ACT

22.Washington Mutual's providing of inaccurate/misleading information to credit bureaus violates Debtor's rights under FCRA sec.623(a)1:

 

(a) Duty of furnishers of information to provide accurate information.

(1) Prohibition.

 

(A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate.

 

( Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if

 

(i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and

 

(ii) the information is, in fact, inaccurate.

23.Washington Mutual's refusal to correct inaccurate information contained in Debtor's credit reports after continued providing of inaccurate/misleading information to credit bureaus and the continued providing of adverse information (which was previously verified as being inaccurate) which is inaccurate and/or incomplete after the Final Decree and Order of Discharge and after many confirmations Creditor received from Debtors violates Debtor's rights under FCRA sec.623(a)2:

 

(a) Duty of furnishers of information to provide accurate information.

(2) Duty to correct and update information. A person who

 

(A) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person's transactions or experiences with any consumer; and

 

( has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.

24.Washington Mutual's (listed as Homeside Lending, a division of Washington Mutual) initiating an account review inquiry (after chapter 7 discharge of debt with Creditor) on Debtor's Equifax credit reports in March 2003 is in violation of FCRA sec.604(a):

(a) In general. Subject to subsection ©, any consumer reporting agency may furnish a consumer report under the following circumstances and no other:

(1) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury.

 

(2) In accordance with the written instructions of the consumer to whom it relates.

(3) To a person which it has reason to believe

 

(A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or

 

( intends to use the information for employment purposes; or

 

© intends to use the information in connection with the underwriting of insurance involving the consumer; or

 

(D) intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; or

 

(E) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation; or

 

(F) otherwise has a legitimate business need for the information

 

(i) in connection with a business transaction that is initiated by the consumer; or

 

(ii) to review an account to determine whether the consumer continues to meet the terms of the account.

 

Summary

 

25.Creditor has repeatedly ignored US Bankruptcy Code, even after several confirmations of discharged debt via Debtor's chapter 7 bankruptcy, by sending of written requests for payments related to a discharged debt and reporting a balance for the same discharged debt.

26.Creditor has willfully provide inaccurate and misleading information to credit bureaus concerning Debtors, including unlawful reporting of payment history after bankruptcy discharge, reporting a balance other than $0 on discharged debt, the statement “Foreclosure proceedings started” without any reference of the debt being discharged in bankruptcy reported on the disputed tradeline. Debtors have a credit score that is lower than it should be. This damages Debtor's ability to obtain credit at otherwise more reasonable rates. Debtor's cannot obtain a mortgage loan at a rate they would otherwise be able to obtain due to the damage caused by the willful actions and/or inactions of the Creditor.

27.Creditor has initiated a non-permissable purpose credit inquiry on Debtor's Equifax reports in March, 2003, in the form of an account inquiry.

 

Be advised of the following. Your silence and/or response to this letter may be used as evidence of your company's willful violations of any applicable law(s) and/or court order(s). This letter is being sent certified mail with return receipt, as all other letters to your company has been as well. This letter, along with the many others, will serve as evidence of your advisement by us, of your reporting of inaccurate, incorrect, and/or misleading information to the three major credit bureaus. According to the FCRA:

 

 

§ 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2]

(a) Duty of furnishers of information to provide accurate information.

(1) Prohibition.

(A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate.

( Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if

(i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and

(ii) the information is, in fact, inaccurate.

© No address requirement. A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( shall not be subject to subparagraph (A); however, nothing in subparagraph ( shall require a person to specify such an address.

(2) Duty to correct and update information. A person who

(A) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person's transactions or experiences with any consumer; and

( has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.

 

 

( Duties of furnishers of information upon notice of dispute.

(1) In general. After receiving notice pursuant to section 611(a)(2) [§ 1681i] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall

(A) conduct an investigation with respect to the disputed information;

( review all relevant information provided by the consumer reporting agency pursuant to section 611(a)(2) [§ 1681i];

© report the results of the investigation to the consumer reporting agency; and

(D) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis.

(2) Deadline. A person shall complete all investigations, reviews, and reports required under paragraph (1) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 611(a)(1) [§ 1681i] within which the consumer reporting agency is required to complete actions required by that section regarding that information.

 

§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]

(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

(1)(A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or

( in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;

(2) such amount of punitive damages as the court may allow; and

(3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

( Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater.

© Attorney's fees. Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.

 

Furthermore, be advised of the following:

 

 

Sec. 524. - Effect of discharge

(a)

A discharge in a case under this title -

(1)

voids any judgment at any time obtained, to the extent that such judgment is a determination of the personal liability of the debtor with respect to any debt discharged under section 727, 944, 1141, 1228, or 1328 of this title, whether or not discharge of such debt is waived;

(2)

operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor, whether or not discharge of such debt is waived; and

(3)

operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect or recover from, or offset against, property of the debtor of the kind specified in section 541(a)(2) of this title that is acquired after the commencement of the case, on account of any allowable community claim, except a community claim that is excepted from discharge under section 523, 1228(a)(1), or 1328(a)(1) [1] of this title, or that would be so excepted, determined in accordance with the provisions of sections 523© and 523(d) of this title, in a case concerning the debtor's spouse commenced on the date of the filing of the petition in the case concerning the debtor, whether or not discharge of the debt based on such community claim is waived.

 

Please be advised that your response to this matter is expected and required. We demand immediate correction of our credit reports. Furthermore, we are seriously considering seeking counsel for the possibility of reopening our bankruptcy case in order to file a motion for sanctions against your company for it's continued collection efforts of a discharged debt and violation and willful disregard of a US Bankruptcy Court Judge's discharge order. Furthermore, we are considering seeking counsel for your violations of FCRA. Your response, or lack thereof, will determine our next course of action to protect our legal rights. Be advised that this letter, as well as others, will serve as confirmation that you have been served with notice that your providing of information to the credit bureaus regarding our discharged debt is incorrect, inaccurate, and/or misleading. With the receipts of these letters, your company cannot argue that it did not have knowledge of this incorrect, inaccurate, and/or misleading reporting of information. Additionally, receipts of these letters confirm that you had knowledge of the dischargeability of our debt, knowledge that your continued collection activities are in violation of a US Bankruptcy Court order, and knowledge that we have previously disputed your provided information to the credit bureaus concerning this debt. How do you chose to respond?

 

 

ANY THOUGHTS OR SUGGESTIONS?