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Simms Associates Collection listed on all 3 credit reports

Date: Mon, 07/02/2007 - 17:35

Submitted by fluffycakes2006
on Mon, 07/02/2007 - 17:35

Posts: 26 Credits: [Donate]

Total Replies: 5


In 2004, I had multiple Payday Loans (PDL’s) and unfortunately I got way over my head, unable to pay them and had to file Chapter 7 Bankruptcy (BK) back in December 2004 as a result of this debt. I had taken out 1 payday loan with the original creditor called (GECC) back sometime in 2004; and put this creditor under my BK petition. In April 2005, my BK was officially discharged and I recived the paperwork in the mail from the BK court. The PDL GECC debt went to the collection agency called Simms Associates based out of somewhere in Delaware. I had received a notification from the collection agency Simms Associates sometime in 2005 in regards to the GECC PDL and the balance is $1,746.00. I called the telephone number on the collection notice and informed the Simms Associate collection agent that I had filed BK, gave him my BK case number and my attorney’s name and their contact information, and that he could call to verify the information. He was quite nasty towards and told me that I am still responsible fro this debt. I know my rights and know for a fact that when a debt that placed in your BK petition and has been discharged that you are legally not responsible for it. It has been over 2 ½ years later since I filed and BK was discharged. Now, I am in the process of trying very hard to clean and improve my credit reports for the 3 credit bureaus. It is really bothering me that this particular payday lender collection Simms Associates is still listed on all 3 of my credit reports. This creditor is still listed as a collection and should be under BK instead.

Last year, I had retained a credit repair company to clean up my credit and correct inaccuracies listed on my credit reports. It has been very difficult and very impossible to delete/or update the correct information listed on the credit reports particularly Simms Associates. The Credit Repair Company has constantly sent out dispute letters from to all 3 of the credit agencies regarding the Simms Associates collection agency I had been with the credit repair firm for about 13 months and had recently canceled my membership with them. I was satisfied with the credit repair company but decided I wanted to dispute the information on my own involving this particular creditor. I am having a very hard time trying to remove this negative Simms Associates collection item from my credit reports for the 3 bureaus. I have tried everything I know to try to dispute to try to remove this item through the Credit repair company but to no avail. The Credit repair company has helped a lot in removing and updating negative and inaccurate information from other creditors. This Simms Associates/GECC creditor seem like they are impossible to have that negative items removed.

I am very attempting very hard to improve my credit and it has been okay so far; but I would do much better when this collection item from all three credit bureaus is either updated with the correct information or better yet deleted.

I am contemplating on writing dispute letters on my own to all 3 bureaus and photocopy of my BK petition with the listed creditor in question - Simms Associates to verify that is was placed under BK and copy of discharged paperwork as well. I know, I will send these letters registered mail, with signature required and receipt request as proof that the credit bureaus in fact recived it. I am not sure what else I could do at this point so this could be rectified. I feel that I am being screwed by Simms Associates because they are hurting my credit by reporting inaccurate negative information. Any input or suggestions regarding this matter would be appreciated.


Do you still have records of what you paid GECC paid 2004 before you defaulted on the pdl? If you had overpaid them and they weren't licensed in your state, you probably didn't owe them anything anyway, and Simms Associations can't collect on it. I just dealt with GECC myself and defaulted on a loan and after sending them an email and the BBB, they closed my account as pif and closed my file at the CA as well. That might be another way to get them to clear this if they are not accepting the fact this is a BK debt.


lrhall41

Submitted by joshua1987tree on Mon, 07/02/2007 - 18:08

( Posts: 453 | Credits: )


Hi

Unfortunately, I do not have that record of Paying GECC prior to the BK petition filing. I reside in the state of Virginia. I have my BK petition with that creditor listed on there. Did you email both Simms Associates and GECC and if so who did you contact. If you still have that info, could you please PM me the info if possible as a POC for Simms Associates and GECC. Thank you.


lrhall41

Submitted by fluffycakes2006 on Mon, 07/02/2007 - 18:26

( Posts: 26 | Credits: )