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Capital bank/Open sky CC charge off

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Anonymous
Not applicable

Capital bank/Open sky CC charge off

I have been working on rebuilding my credit for a little bit over 1 year. I started with 6 derogs/negative. I have been able to dispute most of the derogs and they have fell off on my CBR. I began with scores off 540 and noe i am up to 640. My only problem is with capital bank/open sky. I had a secured card with them that i became deliquent and stopped making the payments. The stupid younger me assumed that my security deposit would cover the remaining balance, i did not factor in the annual balances and other fees. To cut story short the OC sent the remaining balance of $149 ( all fees) to charge off and they are not reporting DOFD i have tried to dispute this 4 times its keeps getting verified. I called and they told me the account is in the process of being purged and they cannot any payments and cannot negotiate any other terms. I really dont know what to do because this is one of my worst derogs including a paid southern california edision utility charge off.
What is the best step for me to take and anyone had success with this bank. Please anyone with helpful suggestion would be appreciated.
Ps. Sry for my typos and grammatical erros. English 3rd language.
Message 1 of 8
7 REPLIES 7
willwar14
Valued Contributor

Re: Capital bank/Open sky CC charge off

Can you post a pic with how it looks on your CR?

CH7 FILED: 08/18/2022, DC: 01/23/2023
Message 2 of 8
RobertEG
Legendary Contributor

Re: Capital bank/Open sky CC charge off

Reporting of the DOFD is a statutory requirment, and must be done no later than 90 days after the reporting of either a charge-off or a collection.

FCRA 623(a)(5).

If you have disputed and they have verified, then they are confirming that they have reported a DOFD.

 

It is possible that your commericial credit report is simply not including the DOFD.  That is common with most commercial credit reports.

Many will provide an estimated or expected exclusion date of the reported charge-off as an alternative to providing the actual DOFD.

The esimated/expected date is produced by the CRA based on the preported DOFD, and is usually based on 7 years from DOFD rathe than the full 7 year plus 180 day exclusion period.

 

Are you assuming that they have not reported the DOFD based on lack of showing in your credit report, or do you have actual knowledge that they did not report?

 

If you have knowledge of lack of reporting, you have a clear violation of FCRA 623(a)(5), for which you can file a complaint with the CFPB.

 

Message 3 of 8
Anonymous
Not applicable

Re: Capital bank/Open sky CC charge off

@RobertEG i apologize for misunderstanding this is on my personal credit report. I currently dont have a pic ill post it later. I was wondering if there are other alternative method or any available contacts for capital bank because at this time i dont want to keep disputing it. I would like to try other alternatives
Message 4 of 8
tli
Valued Member

Re: Capital bank/Open sky CC charge off

Capital Bank refused to remove from my report a $140 C/O after several GW attempts and a BBB complaint for no receipt and they would not accept a PFD. I paid it so they would stop updating it but got 2 more years to go and its my only derog.

FICO 08 Scores Dec15: EX 644 EQ 641 TU 651
Message 5 of 8
RobertEG
Legendary Contributor

Re: Capital bank/Open sky CC charge off

The FCRA provides consumers the right to obtain any specific information that is of record in their credit file by sending an information request to the CRA.  See FCRA 609(a)(1).

You must accompany your request with proof of your identity (government issued ID), and the current processing fee for such requests, which is $11.00.

 

The creditor should also be able to provide you the DOFD that they reported.

Message 6 of 8
Anonymous
Not applicable

Re: Capital bank/Open sky CC charge off


@Anonymous wrote:
@RobertEG i apologize for misunderstanding this is on my personal credit report. I currently dont have a pic ill post it later. I was wondering if there are other alternative method or any available contacts for capital bank because at this time i dont want to keep disputing it. I would like to try other alternatives

I think you misunderstood what Robert was getting at. Third party credit reporting sites like this one, credit karma, etc, invariable strip out the DoFD/Estimated exclusion date from the data they display to you. The best way to see the reported DoFD of an item is to pull your full free credit reports from annualcreditreport.com - the Equifax report will show the actual reported DoFD of each item. Have you pulled your reports from there in the last year?

Message 7 of 8
Anonymous
Not applicable

Re: Capital bank/Open sky CC charge off

I was able to log in to experian dot com and thats where i was able to see my.full credit report. I finally talked to someone at the bank and now they told me i dont have any balance showing since the unpaid balance was coveres by the initial security deposit i had placed. He informed me to file another dispute and they will be able to resolve it. I am gonna wait
Message 8 of 8
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