AboutRegan Shinski Expertise I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit reporting.
Experience Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports.
Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry.
I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA).
I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage.
In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.
Education/Credentials BA - University of Minnesota
Question QUESTION: EVEN IF THE CREDITORS CORRECT THE ACCOUNT THAT I DISPUTED CAN I STILL BRING BANKRUPTCY VIOLATION OF AUTOMATIC STAY AGAINST THEM OR ANY OTHER VIOLATIONS THAT HAS OCCURRED?
ANSWER: It's possible. However, if it was a simple error that they corrected, you will likely not win.
A related analogy is this: Say you have an error on your credit report and a late payment is showing when you weren't late. You dispute it or advise the creditor of the error and they fix it in a reasonable amount of time. Technically they violated the Fair Debt Collection Practices Act (FDCPA) by not reporting it correctly. However, you likely wouldn't win in court because they corrected it.
Is that your case here? If so, I don't think you would win. If they delayed, had a pattern of bad or deceptive behavior, or otherwise did not act in a "reasonable" manner you could pursue. There's also the issue of damages. Additional attorney fees, loss of credit, additional court fees, etc. make your case much stronger rather than just going for a statutory penalty.
Good luck,
Regan
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QUESTION: IT'S KINDA OF COMPLICATED TO EXPLAIN I FILED BANKRUPTCY RECEIVED A CREDIT REPORT FROM EXPERIAN EVERYTHING WAS INCLUDED IN BANKRUPTCY. APPLIED FOR A CAR LOAN IN 10 MONTHS LATER AT 3 DIFFERENT PLACES WITHIN 2 WEEKS WAS DENIED CREDIT I REQUESTED A COPY OF CREDIT REPORT THAT'S WHEN I DISCOVER THAT CAPITAL ONE AUTO FINANCE THAT WAS DISCHARGED IN BANKRUPTCY HAS PLACED ANOTHER ACCOUNT ON CREDIT REPORT AND IS SHOWING 30, 60 DAYS PASS DUE I WAS THE COSIGNER FOR THAT ACCOUNT BEFORE I FILED FOR BANKRUPTCY. THAT HAS CAUSED MY CREDIT SCORE TO GO DOWN, I ALSO RECEIVED A DENIAL LETTER AND ON ONE OF THEM IT HAD CAPITAL ONE AUTO FINANCE LISTED IN ONE OF THE REASONS OF NOT BEING ABLE TO OBTAIN CREDIT. I DO THINK THAT IT IS DECEPTIVE BEHAVIOR ON CAPITAL ONE BEHALF, ALSO UP UNTIL SEPT 24TH THEY HAVE BEEN CALLING MY NUMBER FOR THE PAYMENT AND BE SAYING IT ALL "ATTEMPT TO COLLECT A DEBT".
Answer Hi Angie:
Larger institutions like Capital One can be difficult and stubborn. It sounds like you have a choice how far you want to push this. If you pursue, get your timeline and evidence in order and start drafting a federal complaint. This is a HUGE undertaking but it can be done on your own through massive research. Send it to them first. Send it to their LEGAL department. Tell them it will be filed if not deleted in XX days. Demand compensation. Follow-up and be prepared to go to court if necessary.
A better scenario is using an attorney. Some areas of the country have attorneys that take these cases pro bono or on a contingency basis. Others you will have to pay for it and the creditor can reimburses if you win.
I'm really sorry you are in this situation. BK is supposed to give you a clean second-chance. I wish I had an easy, clear answer for you that would take care of it.
