Complaint Review: RJM - FingerHut - Axsys National Bank - Syosset New York

I filed Bankruptcy in 2000 on Finger Hut after being a customer for two years. In 2005 this other company started harassing me to pay the $200.00 Finger Hut Bankrupt bill. I indeed informed the very rude guy that I had to file Bankrupt due to circumstance beyond my control. He very rudely told me to send him my discharge papers and the creditors page. I sent this and they kept calling . I then called my bankruptcy lawyer and asked him to contact the company for me because they would not stop calling. The calls have since stopped. In February 2006 I pulled a credit report and found out that this company is still reporting to my credit as I still owe them. I have sent letters to dispute this but still no luck they are still reporting

Don, You hit it right on the head, and verified what I said too. Think about it. The original creditor should have never sold off a debt that was included in BK. AND, collection agencies who buy old debts should engage in some due diligence PRIOR to contacting anyone for the first time. If they would have taken the time to pull a credit report, the account in question would have been listed as included in bankruptcy for up to 7 years after the discharge, and the BK itself would be on there for 10 years. Therefore no contact should have ever been made. Combative? Your right again! Why should anyone have to deal with the stress and time and expense of fighting off a debt collector over something that isn't even owed? My time is worth money, and if I have to deal with slime like this, I'm getting paid. I don't care who's fault it is. Not my problem. I have no time or patience to deal with morons. Sheila, DO NOT pay these accounts! Your lender can still process the loan with underwriter exceptions which will just be a stipulation for closing that you have documentation the accounts were included in BK. Paying them will hurt your credit score.

Steve is right, that if this account was included in your bankrupcty, you should not pay it. However, his logic is just a little too combative for me. A debt collection company would not have a copy of your bankruptcy paperwork to see if the account was included. IT sounds like this account was sold to another collector after a few years of inactivity. Send them a copy of the bankruptcy papers, along with the cease calls paperwork. They will have to mark it as a bankruptcy account. It would make it as a bad investment for the agency.

Sheila, DO NOT pay that debt. It will hurt your credit. I was in the mortgage business and I can tell you that if you have your BK filing and they are listed, that is all you need. Give this to the underwriter. Your loan officer should know this, and if he/she doesn't, you need to take your business elsewhere. Furthermore, it is a criminal offense to collect on an account included in bankruptcy. At very least it is a contempt charge for violating the BK court order of discharge. As far as the class action lawsuit that everyone always wants to do. DON'T. It is a waste of time and money, and you rarely see a dime. The lawyers make money, but that is all. Everyone always want's to ride the coat tails of someone elses efforts, but nobody wants to take action on their own. You can sue them yourself. Do it! FYI, names and phone numbers cannot be exchanged here as a matter of ROR policy. ROR editors and moderators will remove them.