Is It Possible to Collect a Dischared Credit Card Claim

Author: chrys
Posted: Wed Mar 07, 2007 8:30 am
Post subject: Collections After BK

What would be the purpose of a collection agency attempting to collect on a discharged claim (as part of a Chapter 7 BK) settled over 15 years ago? The account in question that the collection agency is calling about hasn't been reported in a credit report for some time.

Questions:
1. Could the collection agency somehow get this claim back on the credit report?
2. What should and shouldn't be said when discussing the matter with the collection agency?

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Author: angelo21
Post subject:

I think they can.

I also think the best person who can provide some guidance, from all I've read, is NightStar.
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bullwinkle29
Posted: Thu Mar 08, 2007 12:13 am Post subject:

dude, dont sweat it, they cannot collect. the SOL is long gone. tell the collection agency to @#$% off, if it report to the cb's, then dispute it

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Author: Alaskan Assassin
Posted: Thu Mar 08, 2007 2:07 am
Post subject:

What would be the purpose of a collection agency attempting to collect on a discharged claim (as part of a Chapter 7 BK) settled over 15 years ago? The account in question that the collection agency is calling about hasn't been reported in a credit report for some time.

Questions:
1. Could the collection agency somehow get this claim back on the credit report?
2. What should and shouldn't be said when discussing the matter with the collection agency?


GOOD QUESTIONS!!!
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Author: chrys
Posted: Thu Mar 08, 2007 9:14 am
Post subject:

If appears to be a "fishing expedition" by Chase. They are going through all their accounts seeing if they get a SSN match for previous delinquent accounts or BK discharged debt. These accounts may have been purchased by Chase from other lenders. They are using the notorious NCO Financial in Horshaun, PA as their collections agent. It's really despicable for Chase to resort to this tactic to add to their bottom line.

From my research NCO can get the CRA's to reinstate a delinquency if you make a payment or even promise to make a payment. They are hoping to find unsuspecting people who will do something which will reset the clock on Statue of Limitation. SOL varies by state but it is usually 6 years. Remember they are recording the phone conversation when they call. NCO tries to get you to acknowledge that you stopped paying and that you can get back into the good graces of the lender (who probably already wrote off the bad debt and sold the account to NCO for pennies on the dollar).

If the debt has been legally discharged and you are beyond the SOL don't even acknownledge the debt. Just hang up the phone. Protect you rights.

More info here: http://www.carreonandassociates.com/articles/sol.htm

I will be talking with a consumer law attorney to confirm this.

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