There was just a question about this I believe yesterday. You can actually sue them and they MUST make an effort to correct this and YES THEY CAN do this. If they put it on, they can take it off as a mistake. I wish I could remember the thread but it may be my age and I'm tired tonight, but attempt a search on this. I shall go and Google the violation of your protective injunction. 'Hub

Here is a start.

http://www.************************/...-green-part-v/


'Hub

Thanks Angelina.

So lets say they do stop trying to collect, especially after I gave them my bk info earlier on the phone. Since its just a collections account - Will it fall off my credit report? Or do I need to dispute it to get it removed? I want my score to go back up to where it was 3 days ago before this was posted.

I started an 'online dispite' with Experian. I plan on sending a hard copy tomorrow via certified mail as well.

When I first saw it on my credit report earlier and reported it as 'erroneous', I reported it as not my debt. Of course, after my knee jerk reaction and a phone call to the collection agency, I realized it was discharged in bankruptcy.

Should I include this tidbit in my dispute that I plan on mailing to Experian? Or just act like its a new dispute?

Ugh... I hate this. Im going to call my lawyer tomorrow too.

It was already established that they will do nothing on their own, willingly. You must call them, follow it up with a registered letter with a CC: copy to your lawyer. Tell them that you are taking this seriously and will take them to Court for damages and sanctions. They will understand this. Don't talk to the phone people, ask first for an administrator, then go up from there. 'Hub

Total b.s.

They had the power to put it on, they have the power to take it off. All it takes is about 30 seconds of their time.

Thanks everybody...

I initiated an 'online' dispute last night with Experian, following it up with a certified mail today with copies of my Schedule F, 341, and discharge documents.

My hopes are that Experian will remove it just by me proving it is a "zombie" debt. I have a form I got off the web that I use for my disputes, but I also followed it up with a paragraph or 2 letter about what Penn Credit did, and what they did was illegal. I also stated in the letter to Experian that I will be seeking legal counsel if this does not get removed from my credit reports (et al.).

Will keep you guys updated... might take 30 days or so until I get a response from Experian hopefully sooner....

I was just reading through some posts and saw this. I'm having problems right now with Allied Interstate. I've told them 3 times that the debt they are collecting was discharged in Ch 7 BK. They sent me a bill on Saturday so yesterday I sent them a letter with a copy of my discharge papers. I have a feeling they won't give up easily.

I hope you get yours taken care of.

I just got a collections removed from my CR that was placed there after BK discharge (and it was a debt from prior to my filing). I spoke to the CA - "explained" to them about the discharge injunction and sanctions. Within 24 hours they removed the collections from my credit report. Of course, I did say, if they did not remove it I would bring it to the attention of the BK court.

PS they faxed the E-Oscar delete that they send to the CRA's in case I need to use enforce removal by the CRA.