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Continental Finance Cerulean credit card still billing 2 months after discharge

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    Continental Finance Cerulean credit card still billing 2 months after discharge

    This has been an ongoing issue since I filed. Cerulean Credit card continuing to bill despite calls to them by my lawyer and my writing to them numerous times.
    They do not call and they do not report a balance to the credit bureaus now, it shows as discharged on all 3 credit reports.
    However they continue to send a bill, add fees monthly and the statement I got yesterday says they are getting ready to charge off the account.
    This is my fear, that they will sell it to a collections agency and I will then have to fight the new company.
    So today I filed an only complaint with BBB and sent a letter to the 3 addresses I have for the credit company plus the Federal trade commission (because the sample letter I got on line had that address in it). I sent a copy of the statement, the BBB complaint, and the Chapter 7 discharge statement.
    Maybe that's overkill, but under kill hasn't worked. I think the only reason Cerulean doesn't call to collect is that one of the reps I spoke to blanked out my phone number.
    My discharge date was 11/27/18. Hopefully this will be the last day I have to deal with Cerulean.

    #2
    I would not file a complaint.

    Your attorney needs to take the next stop and send the written letter. Your attorney should send them a letter stating that they are in Violation of the Permanent Discharge injunction via mail return receipt. If the attorney has already called them that's fine. In the letter I would tell them that they have 10 days to stop all communication and if they don't do so, then you'll re-open the bankruptcy case and seek sanctions. That will usually get them to stop.

    I have had this occur 3 times and I successfully won my motion for sanctions all three times. Oh, and the creditor(s) stopped bother me.

    This is usually easy money for an attorney to work on contingency. They can file a motion for sanctions and include their fees, at a minimum, as well as some damages for your issue with dealing with these people. My bankruptcy judge awarded a woman $80,000 for 80 phone calls from Verizon and promised "severe" punitive damages if there was even one more call; the calls stopped.
    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.

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