Wells Fargo Bank still says I owe them over 40K. The original amount on my bankrupcy was around 30K. They are still charging late fees and interest. I've called them every month for the past three years to tell them that they were included on my bankrupcy and plaese stop reporting it as a balance owed. They said each time they would take care of it. To date they have not. What can I do? What's my legal recourse?
2007-10-30 10:08:00 · 5 answers · asked by roccoknight 1 in Politics & Government ➔ Law & Ethics
Provide documentation of this debt being included (and discharged) in your Bankruptcy, to each of the 3 Credit Bureaus. They are required by law to remove erroneous entries or you can sue them for $1,000.00 (each) for non-compliance with the Fair Credit Reporting Act (FCRA).
Provide the same documentation to Wells Fargo (certified mail), along with your assertion of your right to notify the Bankruptcy Court of the creditors' continued violation of Federal Bankruptcy Laws, which can result in the issuance of a $10,000.00 fine.
Inquire with your attorney about YOUR personal options for litigation against Wells Fargo as well.
Good Luck.
2007-10-30 14:52:03 · answer #1 · answered by redheadedstepchild 4 · 0⤊ 0⤋
You can put a correction/explanation in your credit report. Contact the credit agency and they will tell you how to do it. It must be in writing. Phone calls will only get you so far. Put your request to Wells Fargo in writing including the case number of the bankruptcy and tell them that you are putting an explanation in your credit report.
2007-10-30 17:18:19 · answer #2 · answered by Diane M 7 · 0⤊ 0⤋
You need to write them a letter stating your complaint, and enclose a copy of your bankruptcy. You also need to send a letter to each of the credit agency's and a copy of your bankruptcy. They will take care of it quickly. You may need to do this again in a few months, because the banks like to mess with your credit for years. They will keep entering that you owe them money to the credit companies.
2007-10-30 17:15:36 · answer #3 · answered by Anonymous · 1⤊ 0⤋
You can take them to court yes. If they weren't present at your bankruptcy hearing to enforce their claim against you. Then the debt was forgiven and that would have been noted in the bankruptcy paperwork.
If they constantly refuse to do anything about it. Then your best bet is to contact the court and have them deal with it.
2007-10-30 17:12:41 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Seek legal counsel. (it's spelled "bankruptcy" & "please")
2007-10-30 17:11:43 · answer #5 · answered by Shortstuff13 7 · 0⤊ 1⤋