Zenith Acquisitions

[Adchick]

Anyone heard of them?

I got a TrueCredit update via email this morning that they added a "major derogatory" collection on my CR after I filed BK last week.

Um, isn't this considered an attempt to collect a debt and doesn't that violate the automatic stay?

[HHM]

Haven't heard of them...but this is probably more to do with the fact that Zenith bought one of your accounts from a creditor that you did list in your BK (hopefully) but Zenith was never notified of the BK.

[CPO]

Anyone heard of them?

I got a TrueCredit update via email this morning that they added a "major derogatory" collection on my CR after I filed BK last week.

Um, isn't this considered an attempt to collect a debt and doesn't that violate the automatic stay?

This is a violation of the FDCPA but, as HHM says, Zenith may not know that you have filed BK.

I would send them a CRR letter informing them of your BK status, the temporary stay application and their violation of it and the violation of the FDCPA by submitting derogatory credit data to the CRA's without initial communication of the debt.

Demand the immediate removal of all derogatory information included on your CR from the date of filing and inform them that further violations will be forwarded to the BK court...

Give them, say (30) days to complete this action...

If they comply, then your successful. If not, forward your documentation to the BK court so the judge may be aware of the violation of his stay...

He'll really like that...

Best regards,

CPO

[Adchick]

Here is the letter I have drafted. Let me know what you think:

Dear Dirt Bag Zenith Acquisitions:

I am writing to you regarding false information which appears on my Equifax credit report. You are reporting account number xxxxxx as having a past due balance of $443. I have no knowledge of an account with you and I have received nothing in writing from you regarding the debt you claim I owe.

Be advised that I filed Chapter 7 Bankruptcy in the US Bankruptcy Court - Central District of California on 9/12/07. My case number is: xxxxxx. Your attempt to collect the aforementioned debt is a violation of the automatic stay order issued by the Federal Bankruptcy Court.

Furthermore, you are in violation of the Fair Credit Reporting Act (FCRA), for submitting false and derogatory credit data to the credit reporting agencies without initial communication of the alleged debt.

These violations carry with them severe civil penalties, including but not limited to, $1000 per violation of the FCRA, as well as civil penalties for violations of the stay order.

I demand that this trade line be DELETED within 30 days of the receipt of this letter from Equifax and any other credit reporting agencies you may have reported it to. Otherwise, I will be forced to proceed legally.

Sincerely,
Adchick

[CPO]

Here is the letter I have drafted. Let me know what you think:

Dear Dirt Bag Zenith Acquisitions:

I am writing to you regarding false information which appears on my Equifax credit report. You are reporting account number xxxxxx as having a past due balance of $443. I have no knowledge of an account with you and I have received nothing in writing from you regarding the debt you claim I owe.

Be advised that I filed Chapter 7 Bankruptcy in the US Bankruptcy Court - Central District of California on 9/12/07. My case number is: xxxxxx. Your attempt to collect the aforementioned debt is a violation of the automatic stay order issued by the Federal Bankruptcy Court.

Furthermore, you are in violation of the Fair Credit Reporting Act (FCRA), for submitting false and derogatory credit data to the credit reporting agencies without initial communication of the alleged debt.

These violations carry with them severe civil penalties, including but not limited to, $1000 per violation of the FCRA, as well as civil penalties for violations of the stay order.

I demand that this trade line be DELETED within 30 days of the receipt of this letter from Equifax and any other credit reporting agencies you may have reported it to. Otherwise, I will be forced to proceed legally.

Sincerely,
Adchick

As tempting as it is to disparage a group of really creepy and self rightous "employees" of what may be a "marginal" collection agency, I advise against the use of expletives and personal, ad hoc attacks.

Be as business-like, professional and fact based as possible.

Format your letter to include all the relevent facts, the various sections of FDCPA law, BK injunctions/stays and CR agency procedures that you can.

Write factually, conscisely and in your best "unemotional" terms as possible.

Letting these "collectors" get to you and then putting that on paper is...well...revealing...

Don't.

I know its tempting to get medieval on these folks, as I'm abit of a physical fighter myself, but understand that quiet professionalism is the way to go in the legal world. Leave the posturing for your game face...

Remember, you are setting up a paper trail that may be submitted to a court as evidence. You could possibly end up taking legal action against Zenith for damages, fines and levy's for further violations of law.

You want any judge to treat you as a professional, to take you seriously and understand that you are in his courtroom on a lawful pursuit of justice.

...not in a schoolyard brawl...

Be a pro, you'll get much further than rolling around in the dirt.

Regards,

CPO

[Adchick]

As tempting as it is to disparage a group of really creepy and self rightous "employees" of what may be a "marginal" collection agency, I advise against the use of expletives and personal, ad hoc attacks.

Be as business-like, professional and fact based as possible.

Format your letter to include all the relevent facts, the various sections of FDCPA law, BK injunctions/stays and CR agency procedures that you can.

Write factually, conscisely and in your best "unemotional" terms as possible.

Letting these "collectors" get to you and then putting that on paper is...well...revealing...

Don't.

I know its tempting to get medieval on these folks, as I'm abit of a physical fighter myself, but understand that quiet professionalism is the way to go in the legal world. Leave the posturing for your game face...

Remember, you are setting up a paper trail that may be submitted to a court as evidence. You could possibly end up taking legal action against Zenith for damages, fines and levy's for further violations of law.

You want any judge to treat you as a professional, to take you seriously and understand that you are in his courtroom on a lawful pursuit of justice.

...not in a schoolyard brawl...

Be a pro, you'll get much further than rolling around in the dirt.

Regards,

CPO

thank you for your input. it's funny...this is actually one of the "nicer" versions I found out there. but you are right. though it felt good to get out on paper, it's better to be professional than threatening.

back to the drawing board!

[CPO]

thank you for your input. it's funny...this is actually one of the "nicer" versions I found out there. but you are right. though it felt good to get out on paper, it's better to be professional than threatening.

back to the drawing board!

Just be cool with it all.

Don't let this crap get to you.

Zenith may be an innocent player in this. Maybe...

They may have never been informed of your BK status, given incorrect contact information by the original creditor and could be acting in a generally accepted manner.

You want them to perform for you...

You will get more action, at least initially, with firm but respectful words and actions...

They will be far more inclined to perform effectively and timely when merely "informed" of their "mistake."

Leave the heavy, legal threats for once they prove that they are dirtbags...

Don't worry, if they are, you'll find out very soon.

Regards,

CPO