I have a few problems and I thought I'd group them together in one posting instead of flooding the board with my questions. If you have any suggestions, I'm open to hearing them. 
I filed BK7 12.3.07, was discharged 3.12.08
#1- Presidio/CM reporting balance due, past due balance and charge off as of Jan 08 to two CRA's. First of all, I didn't know who Presidio/CM was. They had the same account # as First National Bank of Omaha & CMS Cardworks. As of Oct '07, FNBO & CMS Cardworks were both reporting to my CR's. Sometime between sending out notification of BK filing and mid-Feb, Presidio/CM shows up, and FNBO is gone from CR's. I was able to successfully delete CMS/Cardworks as a duplicate TL last month. Now I have to deal with Presidio/CM. I called their customer service and got a P.O. Box in PA (for Merrikk Bank) to send the notice of BK, as they said they had no knowledge of BK. I sent it CMRR and it was delivered the first part of last month. Nothing has changed. Now, what do I do? They are continuing to report incorrectly. I disputed with Experian (came back verified) and Equifax (still pending). Do I send a debt validation to them? Do I send one to the CRA's? Or do I just notify the CRA's that they are included in my BK? They are not on the creditor matrix, since they did not appear prior to filing. CMS/Cardworks has the same address as Presidio/CM and they were on the matrix. Ultimately, I'd like for them to be deleted from my CRA's, which is why I thought debt validation. Last resort, I send the info about BK to the CRA's, since sending it to Presidio did not illicit a response.
Now, if I send a DV to them, I have a question about verbiage. Do I have to include "this is not a refusal to pay" in the letter. I have no obligation to pay, therefore, why would I say that? I just want to see if they can in fact actually validate this debt. I *believe* it's for an old Providian account opened in 2001. I know the account has changed hands several times. They can't possibly have anything containing my signature because if memory serves me correctly, I opened the account online and never signed anything. Therefore, they can't even report it, regardless of the status, correct?
#2- I just got a settlement offer letter from a CA. The are collecting for NCO, with the original creditor listed as Embarq. Both Embarq and NCO were notified of BK. Again, the were on my CR's and disappeared after filing. Now this new company sends me this letter. I called them and told the lady that I had filed BK and this debt was included and she stated that they had no knowledge of that and that they would continue to attempt to collect. I told her that she should probably contact NCO, because they were notified of BK as was the original creditor. She told me that she didn't have to do that and hung up on me. So my question here is, is she correct? Since, technically, they were not notified, are they not violating the court order? They aren't on my CR's, yet. Again, I'm tempted to DV, as it was for telephone service that was ordered over the phone, and nothing was ever signed. Or should I just send them a copy of the BK discharge along with a copy of the matrix with both prior parties highlighted and hope it never appears on my CR's?
#3 - Mortgage company is still reporting incorrectly. They had everything right, except status on my CR's. They were listing foreclosure even though when I filed, it was only 90 days late. I put in my BK papers that I was surrendering the home, however, my ex still lives there. They filed for lift of stay, and it was granted. They filed notice of default in Feb. Now my CR's have updated to having the loan balance, past due balance and 120 days late instead of $0, IIB & 90 days.
I really need to find out where I can find the law about reporting TL's after BK filing. Basically, the mortgage co told me in writing that they were reporting correctly and that they would not be changing anything. I know that's wrong and I want to be able to draft a letter citing the law as written. That way, if they still refuse to do anything, I have my backup to take legal action.
I know I should get an attorney, and I will if I can't get these items settled with one more round of letters, because at that point it will be time to begin looking a legal proceedings.
I filed BK7 12.3.07, was discharged 3.12.08
#1- Presidio/CM reporting balance due, past due balance and charge off as of Jan 08 to two CRA's. First of all, I didn't know who Presidio/CM was. They had the same account # as First National Bank of Omaha & CMS Cardworks. As of Oct '07, FNBO & CMS Cardworks were both reporting to my CR's. Sometime between sending out notification of BK filing and mid-Feb, Presidio/CM shows up, and FNBO is gone from CR's. I was able to successfully delete CMS/Cardworks as a duplicate TL last month. Now I have to deal with Presidio/CM. I called their customer service and got a P.O. Box in PA (for Merrikk Bank) to send the notice of BK, as they said they had no knowledge of BK. I sent it CMRR and it was delivered the first part of last month. Nothing has changed. Now, what do I do? They are continuing to report incorrectly. I disputed with Experian (came back verified) and Equifax (still pending). Do I send a debt validation to them? Do I send one to the CRA's? Or do I just notify the CRA's that they are included in my BK? They are not on the creditor matrix, since they did not appear prior to filing. CMS/Cardworks has the same address as Presidio/CM and they were on the matrix. Ultimately, I'd like for them to be deleted from my CRA's, which is why I thought debt validation. Last resort, I send the info about BK to the CRA's, since sending it to Presidio did not illicit a response.
Now, if I send a DV to them, I have a question about verbiage. Do I have to include "this is not a refusal to pay" in the letter. I have no obligation to pay, therefore, why would I say that? I just want to see if they can in fact actually validate this debt. I *believe* it's for an old Providian account opened in 2001. I know the account has changed hands several times. They can't possibly have anything containing my signature because if memory serves me correctly, I opened the account online and never signed anything. Therefore, they can't even report it, regardless of the status, correct?
#2- I just got a settlement offer letter from a CA. The are collecting for NCO, with the original creditor listed as Embarq. Both Embarq and NCO were notified of BK. Again, the were on my CR's and disappeared after filing. Now this new company sends me this letter. I called them and told the lady that I had filed BK and this debt was included and she stated that they had no knowledge of that and that they would continue to attempt to collect. I told her that she should probably contact NCO, because they were notified of BK as was the original creditor. She told me that she didn't have to do that and hung up on me. So my question here is, is she correct? Since, technically, they were not notified, are they not violating the court order? They aren't on my CR's, yet. Again, I'm tempted to DV, as it was for telephone service that was ordered over the phone, and nothing was ever signed. Or should I just send them a copy of the BK discharge along with a copy of the matrix with both prior parties highlighted and hope it never appears on my CR's?
#3 - Mortgage company is still reporting incorrectly. They had everything right, except status on my CR's. They were listing foreclosure even though when I filed, it was only 90 days late. I put in my BK papers that I was surrendering the home, however, my ex still lives there. They filed for lift of stay, and it was granted. They filed notice of default in Feb. Now my CR's have updated to having the loan balance, past due balance and 120 days late instead of $0, IIB & 90 days.
I really need to find out where I can find the law about reporting TL's after BK filing. Basically, the mortgage co told me in writing that they were reporting correctly and that they would not be changing anything. I know that's wrong and I want to be able to draft a letter citing the law as written. That way, if they still refuse to do anything, I have my backup to take legal action.
I know I should get an attorney, and I will if I can't get these items settled with one more round of letters, because at that point it will be time to begin looking a legal proceedings.
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