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Addressing Old Lates, Chargeoffs, Collections

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creditreformer
Frequent Contributor

Addressing Old Lates, Chargeoffs, Collections

brief cc background: unwise $ management of just about every major cc (citi, hsbc, ba, discover, amex) 8-10+ yrs ago left me w/o ccs until '07 (I didn't apply for several years b/c I was getting my finances in order).  most of these 'old baddies' lingered on my credit report for 7+ years and have slowly fallen off.  some chargeoffs still remain (ex., hsbc 'charged off as bad debt/purchased by another lender') and won't fall off until 2010.  i also have collection agencies (midland, asset acceptance, nco) that are related to these same debts showing up.  +s from the 'old days' are 2 paid off car loans, but those have some 'late payments' still showing (even though the loans were paid off long ago).  i also have a tax lien that's showing up as reported 2x...no resolution is really possible on that currently (trying to find a tax esq to resolve that as my wages are garnished etc.).
 
by '07, my report was filled w/chargeoffs, tax liens, and my only +s were 2 paid off car loans.  the only ccs i could get in '07 were 2 orchards ($300 limits) and 2 first premiers ($250 and $350 limits).  yes, i know those aren't the best ccs, but that was all i could get in terms of unsecured ccs.  i pay the balances on those in full every month (though recently it's taken 1.5 months).  can't get a target red card (been declined 2x) and not really interested in other store cards b/c the interest rates are too high. don't have any current store cards or auto loans. recently applied for a capital one (yes, i know they're not fantastic in some peoples' view, but it beats the $6/mo + annual fee + fees for paying online that I pay First premier) card, but don't know the CL yet. recently got a BA 99/500.  my goal isn't so much 'get as many new ccs as i can', but rather 'raise my FICO/reach a point where i can drop my subprime cards and have a shot @ prime cards.'  i will also likely need to apply for an auto loan within the next 6-12 months.
 
some qs...
 
can/should i dispute the old baddies like HSBC and the collection agencies related to them?  these debts are out of the SOL but are lingering on my report til 2010.
 
can/should i try to get the car loan cos. to remove the 'late payment' reports?  these car loans were paid off in 2003 but show '9 lates'.
 
what else can/should i do (beyond paying current CCs off timely; low utilization; etc.) to boost my FICOS?
 
current FICOs hover around high 500s.  is it possible for me to get an auto loan w/this score that has a rate that's not exorbitant?
 
current ccs-
 
first premier (x2; 250 and 350 limits)- obtained 1/07 and 8/07
orchard (x2 300 limits)- obtained 3/07
capital one (unknown limit as i just got approved)- obtained 4/08
BofA 99/500 secured card- obtained 4/08
 
the first premier has high fees (monthly fee, online payment fee, annual fee).  the orchard has no monthly fees, but i'm not fond of the AFs and low CLs.
 
cards i've applied for previously (within the past 1-12 mos.) and been rejected for- WAMU (even though they sent me umpteen 'preapprovals') and target red (even though i got 'preapproval' @ the register).
 
2nd year annual fees have been paid on first premier and orchard, so i'll be keeping these cards through at least early 2009.  if i close them out by say 1/09-3/09, would that be too early for me to get 'prime' cards?  is there something else i can do to boost my chances @ 'prime cards'?
 
thanks for any tips
Message 1 of 4
3 REPLIES 3
Anonymous
Not applicable

Re: Addressing Old Lates, Chargeoffs, Collections

FICO scores CC  UTIL and payments more then any other loans!   An OC reporting a CO will lower scores 30-60 points.   A CA reporting will lower scores but not as much.
 
Always keep in mind that every dispute with the CRAs will update them and FICO may read them as new  also keeping scores low.
 
what are the DOFD/DOLA on your COs.....Keep in mind that when they drop so do the CAs reporting on them!  Keep all hard copies of your CR forever!
 
can/should i dispute the old baddies like HSBC and the collection agencies related to them?  these debts are out of the SOL but are lingering on my report til 2010.
 
                    The drop date 2010....is this from the OC report?  That would make the DOFD sometime in 2003   past SOL?    When did they last report?    It will update if you dispute it (may update anyway)
 
                      If past SOL  send the CA a DV  CMRRR
 
can/should i try to get the car loan cos. to remove the 'late payment' reports?  these car loans were paid off in 2003 but show '9 lates'.
 
                       The problem with trying to get lates deleted from closed accounts is.....It is easier to delete the complete TL then to get them removed.  Lates will drop fron CR 7 years after they were late.  They do not effect you scores after 2 years.   You can still try with a GW letter
 
Tax liens can tank scores BUT  they have less of an impack as they age,
 
current FICOs hover around high 500s.  is it possible for me to get an auto loan w/this score that has a rate that's not exorbitant?
 
                           post this in the mortgage & auto loans thread  you will get more help there.
 
How many COs are reporting on your CR now (by the OC) and what CAs are reporting and for who?
 
The dates DOFD/DOLA are important and should be gotten from the OCs reporting.
 
As to CCC   I have had a Cap1 card for 20 years    they are good for some people & not for others! They are awful to deal with IF you have late pays or COs.
 
I would not apply for any more CCs until you get your scores up! Keep in mind that some CCC have a blacklist and some will not accept you if you had a BK. When you are readt to apply go to the CC thread you will get a mass of info.
 
 
 
 
 


Message Edited by HappyDays on 04-25-2008 02:07 PM
Message 2 of 4
creditreformer
Frequent Contributor

Re: Addressing Old Lates, Chargeoffs, Collections

Hi happy,

 

I realize the UTIL issue.  All CCs are now paid off (but the 0 bals have not hit my CRs yet).  Have not had a BK, but rather just stopped paying (due to inability to pay back then).  As I said, most of the ‘old CCs’ (amex, citi, ba, etc.) fell off as I ‘waited out’ the 7+ yr period and lived w/o ccs as I needed some extended ‘how to manage $ properly’ courses and also, I didn’t want to fall back into the bad habits of my late teens-20s and just ‘live off credit.’  Since getting ccs in 07, I have not had any lates, over the limits, and 9/10x, all cards are paid off in full every month.

 

The hsbc ‘baddie’ (chargeoff) happened when I’d attempted to salvage the acct (it was part of my ‘bad cc behavior years ago’), but was unable to save it, so it went into CO.  on the TU report from 10/07, it says ‘closed 4/4, date paid 2/4, pay status= charged off as bad debt/purchased by another lender.’  The high bal shows as 570; the bal shows as 0.  I live in CA and the SOL is 4 yrs, so it has passed.  According to TU, ‘estimated date that this item will be removed= 9/10’.  Hsbc hasn’t updated my CR since 1/06 according to TU.

 

Asset acceptance shows up related to the HSBC and shows a bal of 1155, pay status ‘collection acct/placed for collection’ as of 7/07 (which doesn’t make sense as the card was closed in 04 from HSBC).  TU says the item will be removed on 12/10.

 

*re HSBC/asset acceptance (and the tax lien- my ‘serious baddies’), I do not want to ‘reset the clock’ or have FICO view them as ‘new disputes’.  However, I’d like to minimize their negative impact (Though most of the damage is probably already done by now credit score wise?) if possible.

 

*no ‘new’ baddies are on my CR from late 2006-present and I plan to keep it that way.

 

The car loan (2 TLs b/c the original bank was bought by another bank) show last updated as of 2002 and 2003, but the lates still show up.  car loan was paid off, but I’d like to get the lates (which are from 2002-2003) removed if possible.  Perhaps a GW letter will do it?  I realize most of the ‘bad impact’ from the lates on the car loan is probably done, but I’d like to remove the lates if possible (but keep the TLs as they are showing up as ‘good TLs’).

 

Tax lien is from 2003 and another 1 (same years covered in terms of alleged tax liability) is from 2005.  not sure how to deal w/'duplicate' entries w/o 'restarting the clock?' TU says it will drop in 2013, but I hope to resolve it positively before then (but that’s a longggg post, so I won’t fill that out).  Midland and NCO are not on my latest TU report (they were related to other charged off ccs), so it looks like they finally dropped off (@ least for TU purposes- I am ordering the other 2 reports).

 

As for cap 1, I applied mainly b/c I think I may need to utilize their auto loan and/or personal loan services @ some point (looks like I may need an auto loan within the next 6-12 mos.), so I thought having a ‘relationship’ w/them would possibly help them ‘favor’ me down the road.  I did the same w/BA (99/500 card).  I don’t plan on applying for any more CCs as really, I do not like having CCs (they are a necessary evil- e.g., needed for hotels, plane tix, etc.).  As I said, since 07 (when I got my 1st ‘new’ CCS- orchard, first premier), I’ve been MUCH better @ using them properly- low UTIL, PIF, no lates, no overlimits, etc.  @ this point, I am looking for a ‘strategy’ (beyond the obvious low util, PIF, stop ‘new baddies’) to improve my scores more in 08-09.  I’d like to be in the 600s and 1 day hit the 700s.  I’d also like to ‘break up’ w/first premier in 2009 (just paid the annual fees, so will keep the card for 2008-early 2009) b/c I’m tired of the monthly/other high fees and by 2009, I’ll have had 2 yrs of ‘perfect’ history w/them.  Same w/orchard- while they don’t charge monthly fees, they are a ‘subprime’ card, and I’d like to ‘dump’ them in 2009 if possible and try to get in w/’prime’ lenders like BA, Citibank, etc.

 

Message 3 of 4
Anonymous
Not applicable

Re: Addressing Old Lates, Chargeoffs, Collections

The hsbc ‘baddie’ (chargeoff) happened when I’d attempted to salvage the acct (it was part of my ‘bad cc behavior years ago’), but was unable to save it, so it went into CO.  on the TU report from 10/07, it says ‘closed 4/4, date paid 2/4, pay status= charged off as bad debt/purchased by another lender.’  The high bal shows as 570; the bal shows as 0.  I live in CA and the SOL is 4 yrs, so it has passed.  According to TU, ‘estimated date that this item will be removed= 9/10’.  Hsbc hasn’t updated my CR since 1/06 according to TU.

According to TU, ‘estimated date that this item will be removed= 9/10’

When trying to keep a CC many try to make payments but never become current. Do you remember if you became currect at any time before you stopped paying?

Jan payment due $100       missed

Feb                     $200       missed   but paid $100 after the due date

March                 $300       paid $50

This is making payments BUT you never became current.  Your DOFD would be jan/200?

 

If the account was closed in 4/04   then the DOFD will be before that. Another thing  if  TU says that it will drop in     9/2010     the DOFD would be in 2003

 

I would not dispute HSBC right now as they are not updating. BUT should they update then YES  I would then dispute and wait for it to verify.....then send HSBC the OC letter CMRRR........I would DV the CA CMRRR  at the same time I would send the past SOL letter with it.

Read the letters and make all changes needed.....just type your name do NOT sign it

 

CERTIFIED MAIL #: _______________________________________________________
Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name
TYPED only

 

PAST SOL

Your Name
Your Address
Collector's Name
Collector's Address
RE: [insert account number or name of account or name of debt]:
Dear [insert collector's name or company name],
This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].
I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.
This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.
Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.



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Message 4 of 4
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