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Capital One "Charge-Off"

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Anonymous
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Capital One "Charge-Off"

Hello all, about 5 years ago, due to a period of unemployment, my Capital One Card went into default.  The balance at the time was around $2,500.  It has been accruing monthly interest ever since then.  About 2 years ago, after I've had steady employment and dug myself out of a few deep holes, I contacted them in an attempt to negotiate a payoff.  WIth all of the rediculous interest and penalties, the debt was over $7000 at that point.  I knew my principal was around $2500 and I, in good faith, offered them $2000 to settle.  They, more or less, laughed at me and told me they'd settle for "maybe" 20% less (the full balance) if I paid in full.  I promptly told them to eff off and I decided I wouldn't deal with them again.

 

Today, I received out of nowhere, a "statement" from them with a balance near $10,000.  The debt originated in NY, went into default in PA, now I live in NV.  The status of this debt according to Equifax is "Charge-Off" but it doesn't look like it's actually gone to a collection agency per say.  Should I be concerned with this?  As in, getting sued, lien on my car/house etc?  The way I look at it, I tried to deal with them buttheads and in good faith tried to settle this debt and they weren't even willing to meet me half way so I took the "screw you" if you're going to be greedy and not work with me attitude.

 

Any help/advice would be greatly appreaciated!

 

Don

Message 1 of 9
8 REPLIES 8
Anonymous
Not applicable

Re: Capital One "Charge-Off"

Charge-off means they have written it off to a collection agency and sometime those agencies double as law forms. What date is the charge off? Have you moved or had a change of address? It is possible, based on the amount, ia judgement request has been made. if that is the case, and you didnt respond, they could have received a default against you, If that happens they can place liens, garnish your wages, etc. You should definitely look into asap.

Message 2 of 9
GregB
Valued Contributor

Re: Capital One "Charge-Off"

If you owed them $2,500 5 years ago then you would owe them far more now with late fees and interest at the default rate. Less than the original principal amount for a PFD does seem like a very low offer. I would research SOL to determine if they can still sue you but they are famous for suing before it is too late. I know enough about SOL to know that NY has some strange laws so that would require someone spending some time in research.

 

Were you able to get a mortgage? If so, what was on your reports at the time?

Message 3 of 9
Anonymous
Not applicable

Re: Capital One "Charge-Off"

Thanks for the reply.  The letter today looked simply like a regular statement from Capital One.  No collection agency seemed to have gotten involved.  Date of first Delinquency: 2/06, Date Major Delinquency First Reported: 8/06.  I don't know for sure when exactly it went into "charge-off" status, although it has been reporting as CO on my report since 8/07.  I have moved from PA to NV since the default.  I am not aware of any judgements, this was not communicated to me at the time I made my settlement offer.

Message 4 of 9
Anonymous
Not applicable

Re: Capital One "Charge-Off"

I understand less than the principal seems like a low offer and if they had countered with pay the complete principal, I might have entertained that but to suggest they wouldn't take less than roughly $6000 before they would even talk, which is $3500 above the principal, is outrageously unacceptable to me.  Maybe I'm just ingorant with this sort of thing.  Yes, I was able to get a mortgage and there were several "dings" around that same time due to my period of unemployment.  Since then however, my report has been flawless and I'm made great efforts cleaning it up.  Capital One, however, remains to be the most negatively impacting item on my report currently.  Yes, it was on my report at the time and still is.

 

You guys are starting to freak me out LOL ... I am filed under the "Homestead Act" here in NV which (I believe) protects my home from this but I'm still getting a bit nervous.

Message 5 of 9
jasimae
Frequent Contributor

Re: Capital One "Charge-Off"

I would probably do a DV if you are disputing the amount.  However, the account will have incurred significant penalties and interest due to it's non-payment status.  I would also communicate with them strictly via letter, not phone.  I find that Cap One's phone reps generally service current customers/accounts and are not specialized with recovery and reconciliation of this type.  Additionally, you always want your requests and communication to be in writing... to cover yourself from every angle.  Only after they respond to the DV would I do a PFD.

Message 6 of 9
Anonymous
Not applicable

Re: Capital One "Charge-Off"

Additionally, do you (or anyone else) happen to know which states' SOL applies in my case?  The card was issued to me in NY.  It went delinquent in PA.  I now live in NV.  Or does Capital One generally specify a governing state in its terms?

 

Thanks all.

 

Don

Message 7 of 9
RobertEG
Legendary Contributor

aking a Re: Capital One "Charge-Off"

This is not a proper case for requesting a DV because there is no apparent debt collector involved.  Requests for debt validation apply only to debt collectors.

 

The fact that a charge-off was reported tells you very little except that they took a tax writeoff by an accounting measure that enabled them to shift your bad debt out of the assets receivable column of their accounting ledger, and that they chose to report their determination that your debt was "written-off" as uncollectible to the CRAs.  The fact of the prior charge-off does not affect their ability to continue to attempt collection of the entire debt.  It means they werent happy, and reported that fact to the CRA.

 

Apparently, you dont contest the accuracy of their reporting of the debt, and of its delinquency status at the time of their charge-off.  Thus, regardless of whether you reach settlement of the debt, there is no obligation on their part to delete the prior reporting of its charge-off status.

What you are facing is the unknown.... how they will pursue their efforts to collect on the debt.  Since they have contacted you, you can assume that further actions on their part are in the mill.  They can do one of four things.  They can just continue to contact you and attempt to collect, they can refer the debt to a debt collector for their actions in recovering the debt, they can sell the debt to another party, or they can bring legal action to attempt recovery through the courts.

 

Of these, the first one I would address is their ability to attempt collection through the courts.  You must determine if the debt is still legally obligated.  That is done by determining if it is still within the statute of limitations under your state law.  If it is still within SOL and they bring legal action, you will have to address the issue of its validity and face the chance that the court will order its payment.  However, if your state SOL has tolled, you can defend any legal action by showing that your state SOL has expired, and thus the debt is no longer legally owed.  Apparently your first default was approx 5 years ago.  What is your state period of tolling of the SOL on revolving debt?  YOu need to know that.

 

As for referral to a debt collector or sale of the debt, if they take either of those actions, then the debt collector can report that to the CRA.  That has cumulative effect on your credit score, compounding the previously reported CO, and will cause significant further damage to your credit score.  Once a collection or charge off is reported, then subsequent settlement of the debt does not delete that reporting from your CR, and thus wont recover the scoring damage.  You can attempt to get the OC to delete the prior reporting of the charge-off by offering to pay the debt in exchange for their agreement to delete their prior reporting.  However, that is an additional condition placed on paying the debt, and if they are now balking at the level of your settlement offer, adding on an additional concession that they also agree to CR deletion does not seem realistic unless you substantially increase your monetary settlement offer. 

 

I see the strong possibility of futther action on their part, and possible further damage to your credit.  If they are unwilling to settle at the amounts you have offered, you either up your offer or take your chances.

Message 8 of 9
Anonymous
Not applicable

Re: aking a Re: Capital One "Charge-Off"

Thank you for your extremely informative reply.  In regards to SOL, in NV it appears to be 4 years for credit card debt.  The debt originated, however, in NY which I believe is 6 years.  I've heard some say the original state would be governing and others say its the state in which I reside.  I've even read that sometimes this can be dictated by the creditor in the original terms where they specify a governing state.  I don't know which applies in this case.  Can anyone provide any help in determining this?

 

Thank you,

Don

Message 9 of 9
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