Collections after discharge

[rilbrianne]

Hello everyone,
I'll try to make this short and to the point. We had Sprint, it was going to cancel, they put our deposit on the account which in turn, reactivated it. Then they started billing us. I called so many times that I lost count. I told them we filed BK. They continued to bill us.
Last amount, $315. I refused to pay explaining to them that the account never should have been reactivated and that the account was discharged.

Now, I get a letter from NCO financial - collections- wanting us to pay up. I am SO BEYOND sick of dealing with this. This is roughly the 4th letter I have received from Sprint/NCO about this account. What should I do?

[coma]

I can't imaginge...what a pain in the butt. Can you send a very strongly worded letter about the fact that it was included in bankruptcy and that by sending bills and sending it to collections, they are all in violation of the BK code? I know you're sick of it, but letters might workk. You can get your state AG involved.

[rilbrianne]

Well, I found a little something about the matter...

Remedy for victims of discharge violations.

[rilbrianne]

I can't imaginge...what a pain in the butt. Can you send a very strongly worded letter about the fact that it was included in bankruptcy and that by sending bills and sending it to collections, they are all in violation of the BK code? I know you're sick of it, but letters might workk. You can get your state AG involved.

I already sent a letter. It didn't seem to get me anywhere.

[coma]

Can you file a complaint with someone...the attorney general or something?

[rilbrianne]

I believe the attorney general is for making complaints about a business although I could be very wrong... I'm not sure.
I just emailed a lawyer to get his input and he said there is a reason to reopen the case and address the issue. ?? We'll see what else he says.

[coma]

I believe the attorney general is for making complaints about a business although I could be very wrong... I'm not sure.
I just emailed a lawyer to get his input and he said there is a reason to reopen the case and address the issue. ?? We'll see what else he says.

That's good. I wonder how much it costs...

I would still file a complaint, because it is a business. They aren't treating you fairly.

[FreshLikeADaisy]

Rilbrianne, I have had friends (individuals) who have made complaints to the state's AG and been very successful, so don't let that stop you.

The only thing I could add would be that if your first letter did not include a copy of the discharge, and/or was not sent certified, it would be worth sending again, because that notification would be a very certain basis for reopening the bk, if necessary. Also, be sure you have all your communications with them documented (when you called, when they called, who you spoke with, copies of letters, etc) and I think it will be a slam dunk for you if you do end up reopening your bk, because that constitutes an overt and egregious pattern on their part of ignoring the stay AND trying to collect on a legally discharged debt, etc. So another letter would be worth it, just to add another nail to the coffin.

[rilbrianne]

I was referred to someone who does litigations, haven't spoken to her yet. I don't want to make a complaint to the AG because I could care less about what people think of them. I just want the letters to stop. I'm sick to death of calling and telling them I'm not paying, that it was included in BK, and now I have to worry that NCO will report to the credit bureau's even though the debt was discharged.

[coma]

The AG is not the BBB. The AG can pursue sanctions it is not about what others think.

[bmcmull]

YOu should first check to see if they are charging you for something in the BK. It would not be the first time an atty left something out of the paperwork when they filed the claim. If it is in the BK I would then look to see if it is a new account. Where did they get that deposit from? If it is a new account not the one in the BK you may just have to deal with it. If it is $315.00 settle the account and be on with your life. My guess is you could get them down to $150-200.00. Make sure the settlement includes a statement saying you are settling the original debt and no further actions can be taken . Good luck..

[rilbrianne]

I filed it, it was certainly included in the bankruptcy and is NOT a new debt. The phone company holds the deposit for a year and then sends it back if payments are made on time. Our deposit came back and was credited to the account putting it back in good standing and starting the billing cycle all over again. I called immediately and cancelled the account, told them it was IIB but continue to get bills, now this. A collection agency. I'm going to send a letter out to both, a very strongly worded letter. If I get anything more from them, I will hire an attorney and sue the life out of them both.

[bmcmull]

Sounds like a lot of work for the money, I am very tired of this whole ch 13 thing and just want it over. At somepoint in time you have to consider the amount of the money versus your headache, heartache and stress it causes in your life. Even if you sue, that will involve alot of XTA BS in your life for probably another two years before it gets resolved.

[bmcmull]

You have very cute children, I myself have three daughters . 2 five years old and one 18 months. The twins are identical . Time for me is very important, unfortunately for us though the creditors know this to, and are out to make a quick buck. Put it behind you and move on for as little time and money as possible... I can assure that does not involve att's.

[FreshLikeADaisy]

....Put it behind you and move on for as little time and money as possible... I can assure that does not involve att's.

*laugh* I'm sure she'd love to do just that, but they're not exactly letting her, are they?

I'm all about not suing -- suing someone is just like marrying your worst enemy -- but if that's what Rilbrianne has to do to put an end to this, unfortunately that's what she has to do. Given that they are continuing post-bk collection activity (and, I would assume, incorrect credit reporting right along with it) and it has gone on for months and months despite her best efforts, that may be the only option she has left to reclaim her fresh start and leave it behind her. They have made it clear that they're not going to go away.

Speaking of which, I love that new Net10 commercial: "No fees, no contracts, no evil."