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Collection Agency trying to collect after BK

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  • Question: Collection Agency trying to collect after BK

    I received a letter in the mail from a collection agency claiming that I owe Columbia House DVD money. I don't ever recall being a member or ordering any DVD's from Columbia House. I'm not sure the best way to handle this. I don't want something like this to end up on my credit report.

    I remember after my BK I received a legit collection letter for about $300.00 that was missed in the BK and my attorney advised me to send them a letter stating I filed BK. I never heard from them again. I was concerned that if I send this type of letter to this Columbia House collection agency it would be admitting to the debt. I don't want to admit to a debt I don't know anything about.

    Advice please???
    BK filing ~ May 14, 2010
    341 Meeting ~ June 29, 2010
    Discharge ~ August 31, 2010

  • #2
    I think I'd send a letter stating you have no knowledge or recollection of the alleged debt and demand that they cease any collection activity until they provide some evidence this alleged debt is legimately your responsibility.

    Comment


    • #3
      agreed with keep here! a C&D is in order.
      8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

      Comment


      • #4
        Thanks for the suggestions. I will be sending a letter.

        In the meantime, I called Columbia House DVD and they have no record of me having an account. But, they did say old accounts are deleted after so many years. They also said that I would need to dispute it with the company that sent the letter.

        I'm wondering if this could be a scam.
        BK filing ~ May 14, 2010
        341 Meeting ~ June 29, 2010
        Discharge ~ August 31, 2010

        Comment


        • #5
          KSL, check your credit reports to make sure they haven't reported this alleged debt. Google "Columbia House Debt Collection" you will find lots of reports of efforts to collect on alleged old accounts and Columbia House appearing on credit reports of people who say they never had an account with them.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

          Comment


          • #6
            wow lady, that is very interesting.

            i know i had to handle a problem with sprint who billed my 97 year old mom over 8 thousand dollars for a CELL bill.....she never has even used one. actually, we ended up reporting it to local police since it was apparent someone had stolen her SS#!! it was a collection agency and i told them to go pound salt. that was 2 years ago, but who knows if it's on her credit report. at this point in her life it doesn't matter, but my heavens it's a scary thing these types of situation rather a small dvd bill or thousands on a cell phone one never had. sprint did tell me it was way across the bay area where she lived. i said she has never even been to that town in her life. strange stuff.
            8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

            Comment


            • #7
              Tobee, your post reminded me that my SS# has been stolen in the past too. I've never found anything on my credit report from it. But, on my background check there were a couple of addresses in states I've never lived in.
              BK filing ~ May 14, 2010
              341 Meeting ~ June 29, 2010
              Discharge ~ August 31, 2010

              Comment


              • #8
                I was doing a search and came across a complaint about the same collection agency and Columbia House DVD that someone submitted to the BBB and that person claimed they paid their debt and it was over 10 yrs. ago. I'm pretty sure if it's that old it's way past the statute of limitations to even try to collect a debt for that person.

                It will be interesting if anyone else gets one of these collection letters.
                BK filing ~ May 14, 2010
                341 Meeting ~ June 29, 2010
                Discharge ~ August 31, 2010

                Comment


                • #9
                  As already stated, a simple C&D letter informing the collector that a.) you filed bankruptcy in XXXX and "ALL" debts were discharged, b.) they are to stop attempting to collect the debt since it is a violation of the court issued injunction and prohibition against any acts to collect a discharged debt, and c.) any further attempts may be cause for your bankruptcy case to be re-opened and for the judge to have them personally appear to explain why they are attempting to collect on a discharged debt and that this may include substantial sanctions.

                  That's what I do when I get junk collectors attempting to collect discharged debt.
                  Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                  Status: (Auto) Discharged and Closed! 5/10
                  Visit My BKForum Blog: justbroke's Blog


                  I am not an attorney. Any advice provided is not legal advice.

                  Comment


                  • #10
                    Originally posted by KSL View Post
                    Tobee, your post reminded me that my SS# has been stolen in the past too. I've never found anything on my credit report from it. But, on my background check there were a couple of addresses in states I've never lived in.
                    scary times!!! i'm so paranoid myself about someone getting mine. although the joke would be on them LOL!!

                    i agree with jb on this, sounds like it's a scam. people get them all the time.
                    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                    Comment

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