homeguru??? bk help

[juliedealer]

What is the name of your state? IN

I'm reading my Credit report and Bank of America has a remark "purchased by another lender". This apparently means sold to a collection agency. This only appears AFTER I filed for BK.

I'm concerned they might 1) try to collect at a future date 2) just try to poison my credit report with inquiries from a collection agency.


Julie

 

[Ladynred]

There shouldn't be ANYTHING on any discharged debt except 'included in bankruptcy'. IF a collection agency turns up trying to collect on a discharged debt, you have the BK law to slam them with.. its illegal. If a CA places any entry on your credit report, its considered 'collection activity' and you can slam them for that too. Its a violation of the BK law to attempt to collect on a discharged debt, and you can pursue them thru the Fed. BK court for violations - there are steep fines and sanctions if they are prosecuted.

 

[juliedealer]

Lady,

If you were me would you: contact bank one asking to whom and when they sold this account?

Julie

 

[Ladynred]

I'd contact them and ask them why the hell they sold a discharged debt that NO ONE can collect on in the first place !!

You can ask them, sure, but they may not tell you anything. They can't collect, so it'll do no harm... but I'd remind them that their entry on your credit report is a violation of the FCRA.

 

[juliedealer]

Lady
how would I found out what specific regulation they are violating?

FOREVER IN YOUR DEBT( OH HELL THAT''S MY PROBLEM!)
jULIE

 

[Ladynred]

Let me amend that.. saying an account was sold after your bk filing may not be a strict violation of the FCRA.. it may come under the heading of 'accurate information'. I'd have to read thru the FCRA to see if there's anything specific. However, it *could* be construed as collection activity and would therefore be a violation of the automatic stay - a violation of the BK law instead.

 

[juliedealer]

this thing has made me a bit more than suspiscious.

I finally called BOA and asked to whom and when this account was sold, " it was sold to B line in December 2002". BK was discharged in Aug 2001 and Boa acknowledges this. I get a phone number from BOA and call, it is a law office, I ask "are you a collector?" they answer "no"," Was this account sold to you for purposes of collection", answer "no". I was then patched over to another number that got no response.

Why would a law office buy my account?


Julie

 

[Ladynred]

Not surprising that this 'law office' denies being a debt collector, I've heard it before. However, they most likely ARE collectors.
If you e-mail me the law firm, I can look them up and see if they fall under the debt collector category.

I still don't understand BofA selling a discharged debt, NO ONE can legally ever collect on it. Guess they just wanted some money out of it and dumped it. There are scum collectors, like CAMCO and Whitewing, that do buy discharged debts and the morons then actually try to collect on them !!

Anyway.. it is a bit fishy.

 

[juliedealer]

Weinstein, Treiger & Riley, Seatle Washington 800-349-3739

 

[Ladynred]

Got Em !! They represent Household and there's a pending suit against them !!!

"Pending: A case brought against Household Retail Services and Weinstein, Treiger & Riley, P.S. a lawfirm in Seattle, Washington. Weinstein represents Household, which does financing for Best Buy. Ever buy on credit in Best Buy? Be aware that Best Buy claims a security interest in your stuff! This means that if you go into bankruptcy, they or their lawfirm will send you a letter like this one. This issue sued upon is whether this letter violates the stay. Courts have held that it is legal to ask a debtor to reaffirm a debt (see below-reaffirmation means that you will still be liable after you get a discharge). But does this letter really just suggest reaffirmation, or does it go much further? Look at the letter. It is in PDF (Adobe Acrobat) format. The letter suggests that they will "pursue" the merchandise. How? Through further legal action? We believe and our experience shows that neither Best Buy nor Household ever seeks to "repossess" collateral (the things you bought) by force or by legal means. We believe the threat is an "empty gun" to the heads of an unsophisticated debtor. We believe this is wrong. We are attempting to get the court to punish Weinstein and Household. "

Here's where I found that:
http://www.pennlawyer.com/ch13faq.htm

Look for the RED "pending" its about 1/3 of the way down the page.

These guys are DEFINITELY debt collectors !

William Stephen Weinstein , Louis H. Treiger, David R. Riley
Law Firm Weinstein Treiger & Riley PS
Address 2101 4th Ave Ste 900

Seattle, WA 98121-2339
Phone 206-269-3490
Fax 206-269-3489
Email
wsw@wtrlaw.com

Here's another bit of info, it mentions B-Line:
http://www.ingrian.com/resources/articles/nilson-report-2-2003.pdf

Search for Weinstein.. they're listed as 'debt servicers'.

Looks like they also do the dirty work for FNANB, which is Circuit City.

 

[juliedealer]

boy am I a pack rat, I keep every slip of paper I ever got.

Bank of America specifically states in cardholder agreement: no security interst on purchases . This agreement does not grant us a security interest in purchases you charge to your account.

 

[juliedealer]

Lady,

I found the Pending, but couldn't find B Line what question was it in connection with?

Julie

 

[Ladynred]

Sometimes being a pack rat is a good thing My fiance thinks I'm nuts because I keep 'stuff'... LOL.

I'm guessing here, but it could be that the lawfirm represents B-Line, since BofA says they sold it to BL last year. Since WT&R are listed as 'debt servicers', that is probably the 'link' in this chain.

On the Nilsson report PDF, do a search for Weinstein, its not on Mr. Rubin's site.

 

[juliedealer]

Think this is worth pursuing? I've never rec'd a letter from them, but just "purchased by another lender" is not good on my CR, right?

Julie

 

[Ladynred]

Good question. It may or may not be construed as continued collection activity to sell it and have it noted on your credit report. All it SHOULD say is 'included in bankruptcy' and no more.

I'd dispute it as included in bankruptcy and see what happens. Just be wary of this law firm and be watchful of your credit reports. I e-mailed Lawrence Rubin to see if he has any insight on those attorneys.