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Charge off/ Closed Inquiry Question

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Anonymous
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Charge off/ Closed Inquiry Question

My situation is similar to those that have charge offs/ closed status' on their reports. I understand that I still owe the debt and that the debt is to be on my credit for 7 years. I have browsed the forum for almost 2 months now and haven't found a relevant answer to point me in the direction I need to go. So I am asking for some insight to see what step is suggested.

 

First of all I have been and am continuing to rebuild my credit from a few medical bills and a repossession and finally reached the point that it was time for me to buy a house.  This is how I found out what exactly was wrong because I have a very informative lender.

 

In 2005 my car was repossessed and in 2006 it was reported to the 3 CA that it was reported and closed with balance amount listed, no monthly payment listed, and closed in the comments.  As I am aware that I still owe the debt and I have received no notices or calls from them I contacted them via the number my lender verified off of my credit report. It was Marine Federal Credit Union and the department was their credit agency.  As I spoke to them they informed me that the vehicle had been sold off, there was a remaining balance plus interest. I was aware and wasn't going to argue the fact.  They have been reporting delinquent payments since the vehicle was charged/ closed on the 3 reports in 2006.  The delinquent payment before my vehicle was repossessed I can understand, however, why delinquent payments after it was charged off and closed .  After talking to them they also informed me I had to call a 1-800 number to settle the debt because it had been bought or sold off.  (Not sure how they did it) It was law firm that told me the same thing that MFCU did but that I owed principal and interest and that the delinquent payments where correct and should be reported.  

 

This is my question. MFCU was no longer in control of the debt as of the charge off/ closing in 2006. So why is MFCU still reporting the delinquent payments?  First off I could see that the law firm it was bought buy reporting it but MFCU doesn't own the debt anymore according to MFCU stating it.  There has been no kind of agreement on repaying this debt or payment plan.  The original payment plan was voided when the vehicle was repossessed, MFCU told me this.  

 

I am trying to get the delinquent charges post charge off/ closing off my credit because they are what are killing me the most.  I need to dispute this manner but don't know how to put that into written form.  I want to dispute that MFCU doesn't own the debt anymore and they are reporting incorrectly.  

 

All I am looking for is some knowledge. Understandably I will repay this debt in time but not until they remove those false delinquencies from my reports.  Thank you all.

 

 

 

 

Message 1 of 7
6 REPLIES 6
LIGHTNIN
Senior Contributor

Re: Charge off/ Closed Inquiry Question

hi and welcome to the forums,

 

You are a Marine correct? I know alittle about repo's, so I'll try to help. Others may have to chime in.

 

If your car was repo'ed in 2005, then the D0FD(date of first default) was in 2005 or 2004.

So this debt with the MFCU (Marine Federal Credit Union) should drop off your CR this year.

Most negatives stay on a CR for 7 to 7.5 years. Do you know the DoFD with MFCU?

FICO's May 2015 EQ764 ~~Live below your means and always keep an emergency fund -Love Everybody ~ Big Kenny ~ Big and Rich ~~~~~Credit Scoring 101 - Common Abbreviations - Freq Req Threads - Free Credit Reports - What Steps Do I Take?DV? PFD?
Message 2 of 7
Anonymous
Not applicable

Re: Charge off/ Closed Inquiry Question

Marine veteran yes sir.  

 

The DOFD was I believe April of 2005. That's when it was 30 days late and continued to stay late with no changes. Experian notes that it was recognized as a repossession as of August 2005 to April 2006. I appreciate the help.

Message 3 of 7
Anonymous
Not applicable

Re: Charge off/ Closed Inquiry Question

How ironic.  I received a letter in the mail this afternoon stating that I owe $4860.84. Apr is 0.00% It also states that a payment of 264.97 is due 2/01/2005 with CHARGE OFF LOAN and the amount that I owe again.  It was indeed charged off and the last payment asked for was back in 2005. However the 1800 they sent me to a 2 weeks ago stated that I owed the $4860 plus 25% principal.  Boy am I confused. 

Message 4 of 7
LIGHTNIN
Senior Contributor

Re: Charge off/ Closed Inquiry Question

Thanks for your Service, There are many very nice military people here on the forums.

 

Ok down to business, if the DOFD is April 05 then it should drop off CR April 2012. Woo hoo this year, in a few months.

Look on your EQ CR it will show the DOFD and on the EX & TU CR's will have the drop off dates.

 

One thing you need to look at is your states SOL (statute of limitations).

SOL is the time period a creditor can sue and win.Each state varies on years average is, I think 6yrs.

Google the name of your state + statue of limitations, to find more info.

Good luck to you.

FICO's May 2015 EQ764 ~~Live below your means and always keep an emergency fund -Love Everybody ~ Big Kenny ~ Big and Rich ~~~~~Credit Scoring 101 - Common Abbreviations - Freq Req Threads - Free Credit Reports - What Steps Do I Take?DV? PFD?
Message 5 of 7
Anonymous
Not applicable

Re: Charge off/ Closed Inquiry Question

TU & EX don't state the drop off dates. The SOL for my state says 5 years for my state and 3 years for theirs. I Was out of state whenI got the vehicle but moved back to my home state and moved to Missouri. So it should be at most 5 years. Any reason TU and EX wouldn't say a drop off date perchance?
Message 6 of 7
LIGHTNIN
Senior Contributor

Re: Charge off/ Closed Inquiry Question

An OC and a CA can both report at the same time.But now if the OC sold the debt to a CA, the OC must report a $0 balance.

 

Most of the time a Creditor, if they are going to sue will use the county courthouse where you live.

One important thing to do is to check your state laws, to see if theres anything about repo's or consumer debts, that you may need to know.A OC or a CA can continue to collect on a debt, even tho it's passed SOL.

 

If a debt is passed SOL, then you have leverage. You can negotiate for less then the full amount.

If you settle for less, make sure you get an written agreement before paying, stating something like this....

(Settle for less then full, but consider Paid in Full.)Doing this should stop them for coming after you for the balance later.

 

Also, if this CA is reporting on your CR, you may want to look at the PFD Letter, if you havent since it yet.

A PFD letter is an agreement with the CA and you, the CA agrees to delete if you agree to pay the debt.

Important thing to remember is to have the written agreement in hand, before paying the debt.

Your Credit score may increase, when a neg is deleted.

 

CR's not showing drop off dates...

Positive reporting don't show drop dates. Some 3rd party CR's, don't show drop dates.

I would suggest pulling your CR's directly from the big 3 CRA's.

To do that, go to (ACR) annualcreditreporting.com...By law you can get 1 Free CR, from each of the CRA's,1 every 12months.

The CR's you pull from ACR tend to have more detailed info on them, then the CR's from a 3rd party.

FICO's May 2015 EQ764 ~~Live below your means and always keep an emergency fund -Love Everybody ~ Big Kenny ~ Big and Rich ~~~~~Credit Scoring 101 - Common Abbreviations - Freq Req Threads - Free Credit Reports - What Steps Do I Take?DV? PFD?
Message 7 of 7
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