NCO Going after an account included in bankruptcy

[ELR110]

Hi All,

I have received 2 letters from NCO (April 2008 and Jan 2009) offering to settle an account that was included in my bankruptcy from April 2004. Both times I received the letter, I called them and gave the case number for the bankruptcy and they said they would correct the account. I just looked at my credit report and there is no change. Other collection agencies took this same info over the phone and cleared up my other "outstanding" accounts. This is the only one that remains!! What kind of letter do I send them? Also, I have been disputing this info on my 3 credit reports but since it was charged off with the original company, they won't change it to be included in the bankruptcy. What do I do??

[Trish]

First thing is to dispute.......which you have done, so that's good. So if you're not having any luck with disputes and the CA, then you need to send them a Cease & Desist Letter.
The letter needs to state that if they do not cease and desist their negative reporting IMMEDIATELY that you will file a Motion for Contempt and Request for Sanctions against them in bankruptcy court (name your BK court/district you are in).
Per the Goodfellow case (cite the actual case name), negative reporting on a discharged debt is a violation of the permanent injunction of your discharge (list BK case number, filing date, discharge date) and as such they are in contempt of a Federal Court Order with their continued negative reporting on the discharged debt.

I can almost guarantee NCO will fold on this. They have gotten into enough trouble in the past, they won't want to deal with this.
You really should have no problem getting it taken care of if you send them the C&D letter.

Be sure to send it CMRRR so you have proof that they received it.