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How to dispute this UNPAID out of SOL charge off?

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What would be the best route for me to take on this UNPAID charge off?

 

This is in Florida. 

 

After reviewing @Why Chat out of SOL info for Florida. Please correct me if I'm wrong but for credit cards the SOL is 4 years from DOFD. Is this correct?

 

Here is the the following data on this account:

 

DOFD 2/16 
Charge off date: 8/16
(not settled and still outstanding)

 

Date opened: 2000
Type: credit card
First reported: 2/13
Terms: not reported
Monthly payment: not reported
Credit limit amount or original amount not reported: $15,000
High balance: $16,427
Recent balance: $16,583 as of 3/20
Status: Account charged off. $0 written off. $13,591 past due as of 3/20. This account is scheduled to continue on record until 9/22.
Comment: Account closed at credit grantor's request. This item was updated from our processing of your dispute in 1/20. 
Date of Status: 8/16
Original Amount: $???? is it the $16,427

 

The CR shows the CO is the one doing the reporting so this tells me it's perhaps not sold. They are also reporting as a CO every month and an awesome person whom I've become good friends with here on CB told me that they are being jerks by reporting it as CO every month to try and make sure it stays there the entire 7 years. 

 

Dated 1/20, I have a document with an offer of $6600 from one CO #1. They are addressing it as "our client, [OC) has authorized us to make you a settlement of this offer, either call office at (number) or mail us your payment of $6620. Make your check payable to OC"

 

Dated 3/20, I have a document with an offer of $4,200 from CA #2. "Upon receipt of your final payment, we and our client will consider the account settled."

 

What can I best do CB family to get this one and only unpaid SOL CO removed?

 

Thanks well in advance!
 

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11 hours ago, maverick9 said:

The CR shows the CO is the one doing the reporting so this tells me it's perhaps not sold. They are also reporting as a CO every month and an awesome person whom I've become good friends with here on CB told me that they are being jerks by reporting it as CO every month to try and make sure it stays there the entire 7 years. 

The 7-year reporting period is based upon the date of first delinquency.   That has nothing to do with a CO being reported every month.  
 

15 U.S.C 1681c(c)

 

(c)Running of reporting period

 

(1)In general
 

The 7-year period referred to in paragraphs (4) and (6) of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.

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1) the communications certainly suggest the original lender still owns the paper.

2) there is no impropriety to the monthly updates.  A lender has an absolute right to report their experience with the consumer. 

3) the simple reality is that not every derogatory item reporting HAS a legitimate basis upon which disputes may successfully be maintained. 

4) not indicated in this thread is the source of the information- if it is not a paper report obtained directly from the bureau by mail, then it is useless for ANY manner of action.

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12 hours ago, Why Chat said:

Follow the guides;

https://whychat.me/GUIDEBOOK.html

https://whychat.me/SOL PROGRAM GUIDE.html

 

Your friend may be correct, however your dispute may get you a deletion as unless you have contacted the OC in some way the account records may have become archived in their files and the automated verification will fail.

Thanks @Why Chat. I'm surely going to try.

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4 hours ago, Bluesie58 said:

The 7-year reporting period is based upon the date of first delinquency.   That has nothing to do with a CO being reported every month.  
 

15 U.S.C 1681c(c)

 

(c)Running of reporting period

 

(1)In general
 

The 7-year period referred to in paragraphs (4) and (6) of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.

Thanks again @Bluesie58. So it's the "start of the delinquency". So it's being reported as so:

 

1/16 = ND

2/16 = 30 (Start?)

3/16 = 60

4/16 = 90

5/16 = 120

6/16 = 150

7/16 = ND

8/16 = CO

 

If 2/16 is the start, that is when the clock starts ticking, right? 

 

If so, and it being 4/20, it is 4 years and 2 months old. 

 

If so, and Florida has a 4 year SOL for credit cards, it is out of SOL!

 

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Posted (edited)
1 hour ago, centex said:

1) the communications certainly suggest the original lender still owns the paper.

2) there is no impropriety to the monthly updates.  A lender has an absolute right to report their experience with the consumer. 

3) the simple reality is that not every derogatory item reporting HAS a legitimate basis upon which disputes may successfully be maintained. 

4) not indicated in this thread is the source of the information- if it is not a paper report obtained directly from the bureau by mail, then it is useless for ANY manner of action.

  1. Thanks for confirming
  2. Would agree but if months are showing as ND, isn't that some type of failure of reporting? ND means "No Data for this time period" as you most likely know. Aren't they required to report EVERY month as it truly happened?
  3. I think this goes without saying however, much here on CB is about leveraging laws, finding angles, and being a pain in the backside that the OC's and CA's give up replying in hopes for deletion. Even the Jack Attack that I've read numerous times and PsychDoc teaches about all these angles. What I also think is LEGITIMATE is not penalizing people so harshly like myself that had a lifelong impeccable payment history for 2 freakin' decades that only ended up in this mess because of getting hit with a LEGITIMATE reason such as cancer coupled with my spouse losing her job of 13 years all within the same month. In addition NOT filing BK like the masses did from the 2008 debacle because I STILL wanted to do right to my creditors! On top of that, I STILL paid them something via a settlement! On top of it, I've never missed a payment since my life altering event which has been ANOTHER 5 flawless years of payments. SO please, don't get me on my soap box about LEGITIMACY. This credit world is joke and should have filed for BK to stick it to them real good. I'm disgusted by this whole "credit game" that it is. Pisses me off to the hilt that SO many friends and family members got off easy with hitting that BK nuke button basically giving the middle finger to everyone to then get CC offers left and right, lines of credit with ease. My cousin 3 months out of BK had scores in the mid 700's. At the time my credit score was 787!!!!! I felt let my 21 years of impeccable-never-miss-a-payment career was all for nothing! A real slap in the face!
  4. Source of info was all from paper reports obtained directly from the bureaus via mail. 

 

Edited by maverick9

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1 hour ago, maverick9 said:

Would agree but if months are showing as ND, isn't that some type of failure of reporting? ND means "No Data for this time period" as you most likely know. Aren't they required to report EVERY month as it truly happened?

They are only required to report accurate data. They don’t have to report on any specific schedule, or even at all. As long as the data reported is correct, they are complying with the law. 

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Posted (edited)
54 minutes ago, DPB said:

They are only required to report accurate data. They don’t have to report on any specific schedule, or even at all. As long as the data reported is correct, they are complying with the law. 

Nice. So I noticed on a few that they are only reporting the bad and NOT the good. Incredible. Such a racket. 

 

Thanks for your input. 

Edited by maverick9

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Credit reporting by an OC that is automatically updated probably means that it has been "trapped" in the OC's automated computer system. IF you have changed addresses and send the dispute in as suggested the automated system will not be able to "match" the account and can not verify.

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4 hours ago, maverick9 said:

Thanks again @Bluesie58. So it's the "start of the delinquency". So it's being reported as so:

 

1/16 = ND

2/16 = 30 (Start?)

3/16 = 60

4/16 = 90

5/16 = 120

6/16 = 150

7/16 = ND

8/16 = CO

 

If 2/16 is the start, that is when the clock starts ticking, right? 

 

If so, and it being 4/20, it is 4 years and 2 months old. 

 

If so, and Florida has a 4 year SOL for credit cards, it is out of SOL!

 

Did you make any payments after you defaulted?  Note that the SOL for collection has nothing to do with the reporting period.  

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Posted (edited)
59 minutes ago, Bluesie58 said:

Did you make any payments after you defaulted?  Note that the SOL for collection has nothing to do with the reporting period.  

I have NOT made any payments after I defaulted.

 

So would the clock start ticking from 2/16?

Edited by maverick9

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57 minutes ago, maverick9 said:

I have NOT made any payments after I defaulted.

 

So would the clock start ticking from 2/16?

I would guess that is when the SOL clock for collection in FL would begin.  Technically, the 7-year reporting period begins 180 days after the default that leads to charge off.   

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1 hour ago, Bluesie58 said:

I would guess that is when the SOL clock for collection in FL would begin.  Technically, the 7-year reporting period begins 180 days after the default that leads to charge off.   

Thanks.

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@Why Chat My friend told me the following:

 

"The one thing about the method Whychat is suggesting is that the OC is reporting not a CA so I'm not sure his SOL program applies. I'd ask him if I were you. If he says yes, then there ya go 🙂  He knows his stuff and I'm sure he's still sharp as a tack."

 

Please let me know when you can. Thanks!

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15 hours ago, Why Chat said:

IF you have changed addresses and send the dispute in as suggested the automated system will not be able to "match" the account and can not verify.

Certainly not my experience. In today's big data world, everybody seems to keep records of everything indefinitely. And even when they do archive things they can usually still find them somewhere when a dispute comes through. 

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1 hour ago, maverick9 said:

Can anyone please confirm if the SOL for CC's are 4 years from DOFD?

Much depends on the jurisdiction where one resides AND the language in the Agreement between the parties.  What does the law in your State provide for and what is in the Contract?

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50 minutes ago, centex said:

Much depends on the jurisdiction where one resides AND the language in the Agreement between the parties.  What does the law in your State provide for and what is in the Contract?

I don't remember getting a contract and it's a standard CC. I'm sure it was in the agreement when I applied for the card.

 

The law from what I found in @Why Chat's post for Florida indicates it's 4 years. I was just wanting to know if anyone could help in confirming I am seeing it's 4 years. 

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Saying something is a "standard CC" means NOTHING in terms of establishing what contractual terms applied.  You HAVE to know what was in THE contract that applied to YOUR account, or more precisely THIS SPECIFIC ACCOUNT. 

 

The Agreement would have been provided at the time the card was mailed to you...this ensures that the Consumer actually has a physical copy of what they represented during an online application to have read.  Key amongst the terms IN that document would have been language related to where jurisdiction might be had...

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2 hours ago, centex said:

Saying something is a "standard CC" means NOTHING in terms of establishing what contractual terms applied.  You HAVE to know what was in THE contract that applied to YOUR account, or more precisely THIS SPECIFIC ACCOUNT. 

 

The Agreement would have been provided at the time the card was mailed to you...this ensures that the Consumer actually has a physical copy of what they represented during an online application to have read.  Key amongst the terms IN that document would have been language related to where jurisdiction might be had...

@centex You ARE actually 100% correct but this agreement was done in 1999. I'm sure 99.99% of people on the planet DON"T retain a copy of a credit card agreement so my question was in lieu of me not having this agreement. 

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2 hours ago, maverick9 said:

@centex You ARE actually 100% correct but this agreement was done in 1999. I'm sure 99.99% of people on the planet DON"T retain a copy of a credit card agreement so my question was in lieu of me not having this agreement. 

Whatever...it would ALSO likely have been updated at various times through the years.  You know, they send the mailing and advise that any ongoing use constitutes consent to the new terms.

 

It is NOT the fault of a bank that the consumers don't keep important documents.  An Agreement that speaks directly to one's financial well-being, for all who come upon this thread at a later date, is ABSOLUTELY something that should be kept in the file folder along with other critical account documents.  

 

 

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Posted (edited)
50 minutes ago, centex said:

Whatever...it would ALSO likely have been updated at various times through the years.  You know, they send the mailing and advise that any ongoing use constitutes consent to the new terms.

 

It is NOT the fault of a bank that the consumers don't keep important documents.  An Agreement that speaks directly to one's financial well-being, for all who come upon this thread at a later date, is ABSOLUTELY something that should be kept in the file folder along with other critical account documents.  

 

 

LOL......No kidding.

 

In a text book world, you are correct.

 

I was in my teens/ early 20's and didn't know. What can I say? I guess you're perfect in every way. You must have records since birth. Kuddos to you @centex! You should tell God himself to move over because your more qualified. 

Edited by maverick9

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