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Concerned about possible misrepresentation on C/C application

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    Concerned about possible misrepresentation on C/C application

    Hi Guys,

    I'm planning to file for Chpt 7 soon with creditors being major C/C companies.

    American Express called me this morning saying they were lowering my credit limit (yet again for the 4th time).
    They asked if I would update my financial data; asking whether I still made $75K. [I got this card in 2006.]
    I said that I did not have a copy of any application I made at my fingertips. Could they provide this application info. (They said I might have applied by phone, on-line, or by mail. I know I wouldn't have done so either on-line or by mail. They sent me an offer.)

    I asked whether I could have a copy of this application. They said they would have to archive it.

    Now I'm concerned that they seem to have a number that's not accurate.

    I'm told to call back so they can try to retrieve the application.

    So, obvious concern: misrepresentation on my c/c application (hence, fraud, non-dischargeable).

    Does anyone have any experience with this? Should I be trying to secure a copy of application from Chase and BofA? Never considered this. Never dreamed there could be any possible problem along these lines.

    Thanks, gf

    #2
    They probably want to update their records so they can screw with you some more. I wouldn't worry about it for filing reasons.

    The standard look back is 6 months to make sure there were no fraudulent charges. I doubt what was said on the original application will come into play.
    Chapter 7 filed December 11, 2009, 341 Meeting held on January 7, 2010
    Deadline to File a Complaint: March 8, 2010

    Discharged and Closed March 11, 2010

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      #3
      And don't give them any info to hang you with.
      All information contained in this post is for informational and amusement purposes only.
      Bankruptcy is a process, not an event.......

      Comment


        #4
        Unless you opened the accounts just before filing, it is very unlikely that they will even blink. The effort required to investigate and then prove fraud for that would be prohibitive to them.
        Case Closed > 2/08/2010

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          #5
          Originally posted by BobMango View Post
          Unless you opened the accounts just before filing, it is very unlikely that they will even blink. The effort required to investigate and then prove fraud for that would be prohibitive to them.
          This. It's one of those situations where legally the OC can claim fraud but the odds of it actually happening are truly minimal. Further, in some districts even when it does come up judges have sided with the debtor if the OC never verified the income claimed on the application.

          Is short. Is it technically possible for it to happen? Yes. Is it likely to happen to you in specific. No.

          Debthater has their motive down pat.
          So the poor debtor, seeing naught around him
          Yet feels the narrow limits that impound him
          Grieves at his debt and studies to evade it
          And finds at last he might as well have paid it.

          Comment


            #6
            I wouldn't worry about this issue. American Express is the ONLY company to do an IRS Form 4506-T on me. American Express is the only creditor I've ever known to always want to "update their records".
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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