Auto loan included in bk- late payments

[wildebeast]

I have a car loan that was included in out bk last year. The balance is now only $900. We did not reaffirm, but I continued making payments. Last month I was 2 days late and I got a nasty letter from them saying they reported me to the credit agencies. No mention was made of my bk, nor did they demand full payment.

Can they report on an account included? I thought all debts discharged would show up as such. Is there anything I can do? I'm trying to improve my credit, not make it worse.

[BobMango]

If you didn't reaffirm then they cannot report negative information about that loan. Some courts consider that to be continued collection activity. I would write a letter to the lender informing them of the discharge and letting them know that they need to remove the negative information and cease any collection activity. Any further action should result in a complaint by you, for which you could receive enough to pay off the loan.

[Never_Again]

Yes, they must cease all collections activity... against you, but not against the property.

What that means, is that they could repossess the car at any time that you are late. So, it is best not to be late.

The above information about reporting is correct. Reporting negative information on a loan that is discharged is sometimes viewed as a collection attempt.

[mrskal]

I may be wrong here, but dont the late payments on a credit report start at 30 days? They cant just put "2 days late".
They can take the car though, so be carefull with that.