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 I filed BK on 3-30-09 and discharged 7-15-09. We had a Home Equity Line of Credit with National City. They never stopped calling my home phone and even called after my husband informed them of the BK filing. As of today they have called us 74 times--I started a phone log 4-4-09. BK attorney said they will eventually stop calling. Our BK attorney is done with us. I know that they have violated the BK stay and the discharge, but what can I do about this. What type of action can we take against National City, would an attorney be willing to take them on and would it be worth the time? Thank you for your help in advance.
Answer Hello Maria:
For the purposes of this reply, I will assume the creditor has violated bankruptcy law. How aggressive you want to get is up to you. In general and compared to other violations creditors can make, courts do not like violations of the BK stay especially on a discharged debt. So that could be in your favor. However, harassment claims on a debt they are entitled to call upon are typically difficult. Either way, it does not mean you cannot get aggressive if you want to.
The first thing would be to send formal notification to them. Although I am sure you have verbally told them, sending a certified letter, return receipt requested, often has more pull. Simply advise them of their violations and state it will not be tolerated anymore and you are considering legal action to make them comply.
Secondly, initiate complaints with your state's attorney general, Better Business Bureau, and any other professional or regulatory agency affiliated with this lender.
Thirdly, get copies of you credit reports if you have not done so already - this should be a part of rebuilding your credit regardless. you can get one for free each year at www.annualcreditreport.com. See how the account is reporting. If it is not reporting accurately, dispute it immediately in writing to the credit bureaus. They will respond back in writing in about 30-35 days. The goal here is first to be sure it reporting properly or deleted. If it is not reporting properly after the dispute, this is another possible violation of the law.
You could use an attorney. It would help and carry more weight. Whether or not you can find one, their rates, or if they would take it pro bono depends on your area and the attorney.
Finally, continue to keep records of all your communication and the logs they called. If you take it to court, it would be your main source of evidence.
On a separate issue, it is critical you start your credit repair and rebuilding of credit. This is even more important in such a tight credit market and economy. There are aggressive and professional ways to remove some of the negative accounts from your reports if they are not reporting properly. you should not wait on this. I have been completing credit repair for over ten years and have deleted hundreds of derogatory accounts from consumers reports. Whether you do it yourself, use me, or someone else, I think it is important enough to mention to you in this forum.
Good luck with whatever path you choose on this issue and feel free to write or call me with any future questions.
