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Dunning letters Post BK notice. Violation?

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    Dunning letters Post BK notice. Violation?

    Ok, So I just received a couple CA dunning letters in the mail today. One for OD fees for a bank account I had a little over a year ago which I listed in my schedules, however the letter was from a junk buyer, not the original creditor.

    The second, from the same junk debt buyer for a credit card account that is over 23 years old! I know it is because it was my first credit card in college and I actually memorized this account number and still remember it ( I am weird with numbers that way). I think it had like a 250.00 balance on it that was charged off cause I was an idiot in my younger days and they are stating a balance of over 5000.00. I have never had another CC account with this company since. This puppy is obviously way out of SOL, can't be reported on my CR and just a lame attempt at trying to get blood from a turnip.

    Anyone up on the FDCPA or FCRA? Can I hit them with a ITS letter and get 1000.00 bucks from them for violating the BK stay or is it only actionable in a BK court as an AP? I have another CA posting a new TL that I scheduled as well on my CR and I know they received notice of my BK. Can I threaten litigation to get them to remove alltogether in lieu of suing them?

    Weenies!

    #2
    Originally posted by dingdong View Post
    Ok, So I just received a couple CA dunning letters in the mail today. One for OD fees for a bank account I had a little over a year ago which I listed in my schedules, however the letter was from a junk buyer, not the original creditor.

    The second, from the same junk debt buyer for a credit card account that is over 23 years old! I know it is because it was my first credit card in college and I actually memorized this account number and still remember it ( I am weird with numbers that way). I think it had like a 250.00 balance on it that was charged off cause I was an idiot in my younger days and they are stating a balance of over 5000.00. I have never had another CC account with this company since. This puppy is obviously way out of SOL, can't be reported on my CR and just a lame attempt at trying to get blood from a turnip.

    Anyone up on the FDCPA or FCRA? Can I hit them with a ITS letter and get 1000.00 bucks from them for violating the BK stay or is it only actionable in a BK court as an AP? I have another CA posting a new TL that I scheduled as well on my CR and I know they received notice of my BK. Can I threaten litigation to get them to remove alltogether in lieu of suing them?

    Weenies!
    I would just call them and give them the case number. If you hear from them again may then you would want to do something. You wouldn't get damages since they didn't do anything but bother you.
    Chapter 7 07/30/2008
    341 09/17/2008
    Discharge 11/21/2008

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      #3
      Yeah, that is what I kind of thought. I just thought maybe if I acted like a crazy litigious person and threatened to sue them, they might just want to get rid of me by deleting everything all together. My credit is crap and I would like to buy a house in a couple years so anything I could get rid of off my CR would be a bonus.

      By the way , I can play the crazy litigious person very well, I might audition for Justbrokes new film ENEMY OF THE ESTATE!

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        #4
        In my opinion, and only my opinion, it would be entertaining as I just went through an AP and it was kicked back to State, regarding "damages". There were NO damages but they are claiming STATUTORY DAMAGES, and with this in my immediate mind, go after them with one of those Shark, ambulance chasing lawyers, and get what you can. Twenty three years????? Get their collective @$$e$. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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          #5
          Thanks Hub, I like your Hutzpah!

          It is a bit scary to think someone still has that old info floating around though, it is at the very least, a 23 year old debt.

          Where do they find that crap!

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