What Should I Do?

[dcw888]

What is the name of your state? Arkansas

For General Information:

I filed Chapter 7 on 9/18/2003 & was discharged in Dec. 2003.
Among the creditors I listed was Simmons First National Bank Visa Credit Card.
At the time of filing, I owed them $1488.68.

On my Experian CR, Simmons shows it discharged/IIB but shows status to be current, 30 days past due, with a 0 balance.
On Transunion, Simmons was removed for not verifing.
On Equifax, Simmons does not show the bankruptcy & shows a balance of $1518., date maj. del.1st rptd 09/2004. and a status of charged off.

I am in the process of trying to clean up my credit and have disputed this information.

I just got a bill in the mail from Simmons dated Oct 31, 2004, mailed Nov 1, 2004, showing a balance of $1517.68, with a min. payment due Nov.25, of $121.00 (of which $90.00 is past due).

I know they have made a major mistake that could cost them money, but what should I do to straighten this out & can I demand that they remove this account entirely from my CR?

 

[dcw888]

Anyone, Please?

 

[Ladynred]

You need to dispute the inaccurate tradelines as 'included in bankruptcy' - that means NOTHING owed, NOTHING past due, and no lates or charge-offs with dates AFTER your filing date.

As for the bill you got, I'd write them a stern letter telling them that their bill is a direct violation of the permanent injunction of your bankruptcy discharge for attempting to collect on a discharged debt. Tell them that if they do not immediately cease and desist, you will file a Motion for Contempt and Request for Sanctions against them in the bankruptcy court - and they can answer for the illegal actions in front of a BK judge !

That should be all you need to make them disappear. Filing the motion for contempt would actually mean re-opening your case, etc. but they may not know that and probably won't mess with you if you let them know that YOU know they are on the wrong side of the law!