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: IN AUGUST OF 2008 I RECEIVED MY DISCHARGE PAPERS FOR CHAPTER 7 BANKRUPTCY. IN NOVEMBER 2008,I OBTAINED A CREDIT REPORT FROM EXPERIAN AND ON MY CREDIT REPORT IT SHOWED CAPITAL ONE AUTO FINANCE ACCT DISCHARGED THROUGH BANKRUPTCY. I WAS THE CO-SIGNOR ON THE VEHICLE WHICH THE FIRST PERSON ON THE ACCT STILL HAS. I APPLIED FOR CREDIT IN JUNE 2009,WAS DENIED AND REQUEST A FREE COPY OF CREDIT REPORT, ON THE CREDIT REPORT IT SHOWS THAT CAPITAL ONE HAS TWO OF THE SAME ACCOUNT LISTED TWICE FOR THE AUTO LOAN,ONE STATES DISCHARGED THROUGH BANKRUPTCY, THE OTHER ONE SHOWS 30,60 DAYS PAST DUE WITH A BALANCE, IT HAS CAUSED MY CREDIT SCORE TO DROP. THEY KEEP CALLING ME, I EVEN TRIED TO EXPLAIN IT TO THEM ON 9/18/2009 BUT THEY TOLD ME THAT I AM STILL RELIABLE AND I KNOW THAT IT IS NOT TRUE CAUSE A AUTO LOAN I HAD OUT WITH CHASE WHICH I WAS A CO-SIGNOR FOR WAS DISCHARGED THROUGH BANKRUPTCY AND CHASE BANK HAS NOT ONCE CONTACTED ME ABOUT IT. I KNOW THAT CAPITAL ONE HAS VIOLATED THE FCRA. PLEASE HELP ME I DON'T KNOW WHAT TO DO OR HOW TO GO ABOUT IT.
THANK YOU.
ANSWER: Hi Angie:
For the purposes of this answer I will just take your word (and it seems correct) that the creditor has violated the FCRA. The details of the loan and accounts are actually not too relevant to the answer.
The first step is to stay off the phone unless you are recording the call. If you record the call, you need to be sure you are in a one-party recording state, otherwise YOU are breaking a very severe law. I would not even try and record in a two-party state, but you can if you clearly get their permission.
It is better just to have all communication on this issue via certified letters. The first step is to dispute the incorrect account directly with the credit reporting bureaus. Send to all three if they are all reporting it (Equifax, Experian, and Transunion). Include supporting documentation (discharge papers showing the account) if available. They should should contact the creditor and respond in writing in about 30-35 days.
If they verify the account as accurate and don't change anything, send a letter to the corporate offices of the creditor. At the same time, find out if they are a member of any Better Business Bureau and send a complaint there. If they are members of any other trade organization send a letter to them. Capital One is so large, trade organizations and the Better Business Bureau may not be options. However, at least send one to a contact in the corporate offices. Additionally, send a complaint to your state's attorney general.
At the same time, send another round of dispute letters directly to the credit bureaus. Ratchet up the language by saying you believe they violating bankruptcy laws and the FCRA - if you think that is the case. Allow up to 45 days for all complaints and follow-up on any that you have not heard back from.
If you still have not had any luck, you have to go further. This means either threatening or filing a federal lawsuit to get the account removed. This can be done yourself, with an attorney, or other advisor. You need to have CLEAR records showing all your attempts to correct this. Hang on to EVERYTHING. Discharge papers are a must. Hang on to the letter that says you were denied credit. That is proof of your damages. This is an intimidating step but one that is very likely going to be needed. Capital One is one the most difficult creditors to get removed. However, if you are right, you are right!
An alternative to that step is to continue to work the previous steps. Continue dispute letters, complaints to third-party agencies, and to Capital One itself. In all cases, be sure to mention violation of the bankruptcy law if you feel that is their violation. Creditors are more afraid of violating the bankruptcy law, the FCRA. I also think you can find an attorney easier with a violation of the bankruptcy law, but there are a lot of attorneys out there specializing in the FCRA.
Good luck. You can do it! The key is patience, persistence, and keeping ALL records. If you need help, we are a credit repair company that has deleted literally thousands of accounts. Each case is tailored to your specific set of facts, unlike most companies that just send form letters.
Regan
mbscompany@aim.com
813-454-1459
p.s. Remember, auto loans can be re-affirmed and held after bankruptcy. Be sure your bankruptcy paperwork reflects the type of correction you are seeking.
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QUESTION: I LOOKED OVER MY SCHEDULE F SECTION OF MY BANKRUPTCY PETITION AND CAPITAL ONE IS LISTED TO BE INCLUDED IN MY BANKRUPTCY PETITION TO BE DISCHARGED. IF I DON'T ANSWER THE PHONE WHEN THEY CALL THEN IT WON'T SHOW PROOF OF THE HARASSING CALLS I GET ALL DAY LONG. MY CELL PHONE RECORDS SHOW ALL THE DIFFERENT LOCATIONS MY AREA CODE THAT THEY BE CALLING ME FROM. SO YOU'RE SUGGESTING NOT TO ANSWER THE PHONE.
Answer Sorry. I re-read your initial question and didn't get that harassment is going to be a major violation in your complaint - until I read the heading of the post.
I think it is important to have the phone records if you are going to pursue harassment. Is the harassment just the number of calls or the content? If it's the content, you might want to consider recording them. Are you in a one-party or two-party state? You can find out here:
Record legally if you think it would help your case.
If it's just the number of calls and you want to get records, just answer to get the call in the records and politely get rid of them. Remember, they potentially could be recording the calls and playing them for a jury or judge. So use proper language and demeanor. Obviously don't admit ANYTHING.
I'll tell you now, that you should be sure to focus on the bankruptcy side of your complaint. Be sure your papers are in order there (sounds like they are :) Harassment from a first-party creditor is difficult to prove. I would still add it, just saying it's tough on its own. However, I have heard of some case law, but not actually seen it, that said first-party collectors can only contact you once a day - meaning they actually speak to you. So you MAY want to answer the first call of the day, politely say you dispute the account and aren't going to talk any further about it. Then if they call again that day, you may really have them. Recording that first call would be helpful. Again, I have not actually seen that case law and I know a specific number of calls per day is not written in the FCRA. So you want to clarify with your attorney tomorrow.
