CH 7 Discharged + Bass & Associates

[Tallerin]

My wife filed CH 7 last 1/2015 and was discharged in 5/2015. We did not file a joint because I only had $50 past due on credit report and no credit at all. We had some issue with the mortgage on the old house as the note being in her name and the deed in both our names but was dealt with when they filed for motion for relief from stay they got really strict limits as to what they could do (Aka the in rem to foreclose). other then that no hiccups. She got a Loan for a kirby vacuum in 2010 and her attorney wanted to see the contract. She took it to him so he could file it properly and it was filed as an unsecured debt per the original loan agreement. Now she was already defaulted on this loan for 3 years and Bass & Ass had it already. They were informed of the BK so was the original creditor Per BK guidelines. So here we are 1.5 years later getting letters stating:

We have just been informed that your case has been discharged. Please be advised that are client is secured by a PMSI in consumer goods.If you wish to voluntary surrender the collateral Please provide the info requested below:

But are situation is different then the Best Buy one's. They are Actually sending plain clothes strangers to my house that try checking to see if the door is locked and I go around and catch the lady that gets drop off from a silverado that hides down the road. she starts drilling me and about property in this house house and demanding it. When asked for paper with my name on it she won't give a name or what property is to be at are new house. When I tried to leave to get the park manager involved the guy in the silverodo came swooping in blocking my truck in so I couldn't leave. They wanted me to answer there question's on were my wife (they ask by her name) was, were the property is (never stated what the property was). To me I believe It was not my right to tell them squat as it was not my loan nor my item. Mind you the original loan contract does Not state any were that the kirby was collateral, But kirby sold it UNFS and now its collateral I guess. This is All on CCTV thankfully a neighbor saw what was going on and instead of the park manager they got the cops they had no choice to show everything to them ,for property listed was kirby vacuum no model model# or serial#. They were forced to leave.
They have no court order to show up and take property. We ignore the letters and they still show up how can they do this. We don't have the vacuum when we were moving we ran out of time and people had to work so some stuff was left behind till they had a day off again. Wells fargo had the locks changed on our old house The contractor that did that decided to take items he wanted and the vacuum was one of many items taken. So there is nothing we can do the police wouldn't do anything as they stated the bank had the right to it when they didn't we owned that house still. So what are options here as we don't think Bass & Ass is going to stop. I mean they really hate me as it is cause they insisted I couldn't keep them from calling my house Before the BK and I did so they despise me LoL I know they Need a court order to but is it legal to constantly send random plain clothes people to your door when they feel like it.

Any help will be grateful before I loose it and let them have it full force like i Normally do to debt collectors In that I just think will make it worst.

[LadyInTheRed]

I suggest you stop ignoring the letters and write them back via Certified Mail, Return Receipt Requested and tell them what happened to the vacuum cleaner:

We don't have the vacuum when we were moving we ran out of time and people had to work so some stuff was left behind till they had a day off again. Wells Fargo had the locks changed on our old house The contractor that did that decided to take items he wanted and the vacuum was one of many items taken.

Give them the address of your old house and the name and contact information of the contractor if you have it. Tell them that if they send anyone else to your house to try to collect the vacuum, you will consider it harassment and file a complaint with your state's Attorney General's Office. Keep a copy of your letter.

When people come to your door, either don't answer or tell them you don't have the vacuum cleaner and to leave the property immediately. If they refuse to leave and repeat past behavior, call the police like you did before and file a complaint with the GA. Here's info on how to do that in PA https://www.attorneygeneral.gov/Quic...er_Protection/

Keep a detailed log of all interactions with these people.

[bcohen]

It sounds like your wife may need to either reopen her bankruptcy to have Bass & Associates sanctioned for violating the discharge order, or to file a FDCPA complaint against them. The first step is of course, to send them a cease and desist letter informing them of the fact that you do not have the property which they are attempting to collect, that the debt has been discharged through bankruptcy, and that any further contact constitutes harassment in violation of the discharge injunction and U.S. Fair Debt Collection Practices Act. Send this letter Certified Mail Return Receipt Requested, and keep a photocopy for your records.

If these people continue to harass you, then it is time to take legal action. Attorneys like to take these kind of cases on contingency, and with the video evidence of these people harassing you, and the police report for their trespassing on your property, the case is really a slam dunk win.

[Tallerin]

Thing is we don't know who wells fargo 3rd party company hired to change the lock's at the old house. From asking the old neighbor's there was a plain white utility van and a maroon pickup both had the company logo covered up. But they witnessed them removing belonging's from the house.

Thanks Guys for the Info Normally I just go ballistic on debt collectors for my own fun but this isn't a normal debt collection thing and don't need to make things worse.

[bcohen]

It really doesn't matter if you know the name or contact info of the foreclosure cleanup contractor or not. All that matters is that you no longer have the vacuum cleaner, and cannot deliver it to Bass & Associates, regardless of any "security interest" which may have existed. The bankruptcy already discharged your wife's liability for the remaining loan balance, regardless of whether or not the collateral can be recovered and resold.

[Tallerin]

That's the thing there was no security interest involved in this. the original loan agreement has nothing stating the Vacuum being collateral It was an unsecured loan. Until now 1.5 year after discharge its collateral we still have the original loan contract in or fire/water proof safe. That's why her attorney wanted to see it to see if it was a secured debt or unsecured and it was an unsecured loan per the loan contract she signed and the sales man signed as witness and we still have to this day.

[df04527]

I would file sanctions on them right now. That is way over and above on collection attempts on a dishcharged debt. It is money in your pocket every time they attempt to collect. I would RUN (not walk) right back to your attorney. Stat.

[LadyInTheRed]

It seems to me that the priority is to stop the harrassment. I agree that the name of the contractor isn't needed, but the more info the better and in the unlikely event B&A did go after the thieving contractor, it would serve him right.

Keep in mind that to be actionable, a violation of the injunction against collection must be willful. If there is no cease and desist letter followed by more collection efforts, B&A would likely say that the information from the original creditor indicated the debt was secured and that if you had responded to their letter pointing out that it wasn't, they would have stopped. I'm not saying that is true, but that would likely be the defense they would raise. If you want to go that route, I hope you win! For a complaint for the harrasssment, go to your State Attorney General and Federal Trade Commission ftc.org.