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Help with dealing with a charged off account.

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eekamouse
Member

Help with dealing with a charged off account.

The account:
HSBC Bank

Balance:
$0
Date Verified:
04/2008
High Balance:
$3,771
Credit Limit:
$0
Past Due:
$0
Pay Status:
>Payment After Charge Off/Collection
Account Type:
Revolving Account
Responsibility:
Individual Account
Date Opened:
05/2000
Date Closed:
10/2004
Date Paid:
07/2004
Estimated date that this item will be removed: 06/2009
__________________________________________
As you can see I disputed as included in bankruptcy. They verified. Well, I got my list of creditors from my lawyer, and guess what?? HE DIDN'T include them! I can't find a collection account that was included that has the same or similar balance, so I don't think it ever went to an agency...YET> Now that I disputed, I am sure it will. What can I do? My bankruptcy was filed 10/06, and discharged 3/07, or around.

The way my bankruptcy attorney did things, he pulled the three bureau reports through a system. Then got the creditors from there. I have a copy of the report he used, and this creditor IS ON THERE! There is no reason it should not have been included. I never saw a list of the actual list of creditors that he put through until yesterday when I FINALLY received it after requesting it from the firm a month ago. Should have taken 2 days, and actually did from the time of mailing. I didn't knowingly not include them. I didn't hide ANY of my debts and expected that since I was paying this attorney good money, he would actually look to make sure he included everything. He didn't. Now I am screwed. Bad enough I have to fight with the CRAs now to get things removed that are still there that WERE included, but now I have this that I didn't even realize wasn't!

I really need help. I am overwhelmed, I have no time to do this stuff on my own. The only reason I am on here now is my daughter is napping. Every other moment of my days is busy. Can I go after my lawyer?? I mean, I am seriously SO MAD!

Any ideas or help are appreciated. Oh, I am in NY state, if that helps. Plus I see that it says estimated date of removal 6/2009, but I have some that were estimated to be removed in 2007 that are still showing, so I really don't believe that.
Message 1 of 8
7 REPLIES 7
Anonymous
Not applicable

Re: Help with dealing with a charged off account.

Hi eek,    Estimated date that this item will be removed: 06/2009   this would mean that the DOFD should be June of 2002 
 
SOL in NY is 6 years       They have until June 30 2008  to file a lawsuit...unless the DOFD is May 2002  if that is the case they are too late!...There is nothing that you can do about it now but wait!
 
If you had not disputed it you would have had a better chance of it slipping by. This is NOT to say that they will sue!!!!!
 
It will drop in 2009.
 
The things that say they should have dropped in 2007  what are they and who is reporting?


Message Edited by HappyDays on 06-01-2008 02:47 PM
Message 2 of 8
eekamouse
Member

Re: Help with dealing with a charged off account.

Thanks Happy Days!

Yeah, I could have kicked myself after I saw the list of creditors. I mean, I never would have disputed it had I KNOWN! This should be a lesson to everyone, don't assume! So, how would I find the date of first delinquent? The info I posted is the only info I can see on the TU report. I don't want to push it, and won't contact them, because I am not going to press them and give them anything at all, ya know? I always thought SOL was from date of account closure, so if it is from date of first delinquent, is that like, any delinquent, or first in the string that lead to the charge off? Sorry, I am so new to this.

The fall off in 2007 item...yeah...HSBC RETAIL SERVICES! Which actually IS included in my BK, but not as them, as the CA they sold to. Plus they are reporting that account twice! Like this:

HSBC RETAIL SERVICES #xxxxxx(lots xs there Smiley Wink )9653


POB 15521
WILMINGTON , DE 19805
(800) 695-6950

Balance:
$0
Date Updated:
05/2005
High Balance:
$451
Collateral:
SLDTO SHERMANFINANCIAL
Credit Limit:
$1,600
Past Due:
$0
Pay Status:
>Charged Off as Bad Debt
Account Type:
Revolving Account
Responsibility:
Individual Account
Date Opened:
11/2001
Date Closed:
08/2004
Date Paid:
04/2002
Loan Type: Charge Account
Remark:
Dispute resolved - customer disagrees
Estimated date that this item will be removed: 03/2007

-----------------------------------------------------------------
HSBC BEST BUY #xxxxx9653


POB 15521
WILMINGTON , DE 19805
(302) 327-2000

Balance:
$0
Date Verified:
05/2005
High Balance:
$451
Collateral:
SLDTO SHERMAN FINANCIAL
Credit Limit:
$0
Past Due:
$0
Pay Status:
>Payment After Charge Off/Collection
Account Type:
Revolving Account
Responsibility:
Individual Account
Date Opened:
11/2001
Date Closed:
08/2004
Date Paid:
05/2004
Loan Type: Charge Account
Remark:
Account information disputed by consumer
Estimated date that this item will be removed: 04/2009
____________________________________________________________

Oh, and interesting thing there, the discrepancy with the fall off dates! Not to mention that the CA that was after me for the $451 was Arrow Financial or whatever, and not Sherman.
Message 3 of 8
Anonymous
Not applicable

Re: Help with dealing with a charged off account.

CRTP is how long an account remains on your report. It is 7 years from DOFD, but the 7 year clock don't start ticking (by law) until 180 days after DOFD. So, it can actually remain 7.5 years from DOFD. Sometimes it does remain the full 7.5 yrs, sometimes not even the full 7 years.
 
In NY, there is an exception to the 7 year CRTP law. PAID collections remain only 5 years.
 
DOFD is the date of delinquency that was never caught up prior to charge off/collection status. This is set by the OC and can NOT be changed. Example you were late in Nov and Dec. 2007 but caught up in Jan 2008. On time again until May 2008 and was late and never made anymore payments. The account gets charged off or sent to collections. The DOFD is May 2008.
 
DOLA is the date that the SOL starts running from. Unlike DOFD, this date can be reset by making payments, acknowleding the debt is yours, agreeing to a payment plan, etc  just varies by state.
 
 
Message 4 of 8
eekamouse
Member

Re: Help with dealing with a charged off account.

Interesting. Thanks.

You know,
I don't know what to do, should I go after the ones that were so totally included in the bk, including the bad one that is still showing a balance in collection on TU, which is the dreaded Portfolio Recovery? It is listed on my bk, both for the oc and portfolio, so I know they are included. I have it right in front of me.
PORTFOLIO RECOVERY ASSOC #xxxxx9464


PO BOX 12914
NORFOLK , VA 23541-0914
(800) 772-1413

Balance:
$2,623
Date Verified:
04/2008
Original Balance:
$2,623
Original Creditor:
PROVIDIAN NATIONAL BANK
Past Due:
>$2,623
Pay Status:
>Collection Account
Account Type:
Open Account
Responsibility:
Individual Account
Date Closed:
07/2005
Loan Type: Factoring Company Account
Remark:
Account information disputed by consumer
Date placed for collection: [ 05/2005]
__________________________________________________--was from this account which is also included, but isn't reporting correctly:
WASHMTL/PROV #XXXXXXX9464


5040 JOHNSON DR
PLEASANTON , CA 94566
(800) 356-0011

Balance:
$0
Date Verified:
03/2008
High Balance:
$2,622
Credit Limit:
$2,000
Past Due:
$0
Pay Status:
>Payment After Charge Off/Collection
Account Type:
Revolving Account
Responsibility:
Individual Account
Date Opened:
12/2001
Date Closed:
04/2005
Date Paid:
05/2005
Loan Type: Credit Card
Remark:
Purchased by another lender
Estimated date that this item will be removed: 07/2009
______________________________________________________________

Now my credit scores are surprisingly over 600 all except experian which is 580 for some reason?? So, do I mess with stuff or just keep making my payments on my new credit cards and build that way??
Message 5 of 8
Anonymous
Not applicable

Re: Help with dealing with a charged off account.

Do not ever say that you are sorry asking questions!!!!!   We were all new at sometime!
 
What you need to know about is   DOFD  DOLA  SOL    these are dates that are important!!
 
CR is under federal law  CRTP
SOL  is by each state
 
Every state sets their own SOL!!!
                    GA has changed  
 
DOFD is set by the OC...........once an account is COd    the CRTP can not be changed!!
 
OK  You pay Jan bill due Jan15.....no payment until April 15...and the payment only covers Feb & March (not April)......then May 15  you pay April and May........you are now current and the account was not closed.
In Aug 15  you miss and never pay again......DOFD would be Aug of that year.  DOLA (if no other payments were ever made) would be July
 
EEK   The account:
HSBC Bank   and   HSBC RETAIL SERVICES  are different accounts!!

Message 6 of 8
Anonymous
Not applicable

Re: Help with dealing with a charged off account.

EEK  I am not brushing you off BUT I do not know all that much about BK........I am going to move you to the BK thread. I really think that someone there can answer you much better then I can.
Message 7 of 8
eekamouse
Member

Re: Help with dealing with a charged off account.

Hey no problem moving it, I thought about posting it in bk at first, but then thought since that one item wasn't included, maybe it shouldn't go there lol.

ANyway, on the hsbc and hsbc rs, they have the exact same account numbers, exact same balances and open dates, and the balance and account number match my best buy account. Now, I know they are different from the one that wasn't included, but the $451 high balance is my best buy account that was included in my bk. I do believe they are the exact same account. Should I dv them??
Message 8 of 8
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