Reply
Established Member
whitingr
Posts: 12
Registered: ‎07-02-2012
0

Debt cancelled yet still reporting?

I had a credit card though Commerce Bank that I did not handle well and the debt was cancelled by the OC in 2007.  I received a 1099-C shortly thereafter which I reconciled with my taxes that year.  However, the OC has it reported on my CR as charged off with the original amount owed and the late payment amount.  It states the last date of activity as Oct 2006.  I have attempted to dispute the info that is reported however they never change it.  Is there a way to have it updated?  Should the balance read $0?  Goodwill letter maybe?

 

I am in the process of refinancing my mortgage and this is not helping. 

 

Thanks!

EQ: 599
Trans: 603
Ex: 612
Mega Contributor
RobertEG
Posts: 18,498
Registered: ‎03-19-2007
0

Re: Debt cancelled yet still reporting?

[ Edited ]

How, specifically, was "the debt cancelled by the OC in 2007"?

Did you enter into a settlement agreement with them, thus satisfying the debt, but leaving an amount that the IRS considers as income to you, and thus the reason for the 1099c?  A charge-off itself does not cancel a debt.

 

The key, in my opinion, is documentation that the debt was satisfied, which would require updating of balance to $0.

If you have provided evidence of payment to them, and yet they still verify a remaining balance, trot over to small claims court and file a civil action.

The FCRA dispute processes do not compel documentation.  The court does.

 

 

Regular Contributor
apandabear
Posts: 200
Registered: ‎03-15-2012
0

Re: Debt cancelled yet still reporting?

[ Edited ]

If you did not make payment on the debt, it unfortuantely is reporting correctly.

 

The 1099-c doesn't reconcile the debt with the lender. The lender cancelled the debt, and wrote off the entire amount at 100% loss. They sent you the form, as required by law, for you to file with your taxes.

 

That's beacause the IRS sees this as "untaxed income" for you. What you did with the 1099 form when you filed your taxes was pay taxes on the amount of money you didn't pay back to the lender. You are good in the eyes of the IRS, but you did not settle the debt with the lender in any way.

 

I doubt you'd get a goodwill deletion of this kind of account -- they wrote off/charged off the debt and lost money. You can always try though.

2009-10 - C/Os
2011 - Debts paid, no open credit
2012 - Rebuilding started, secured cards opened, SL rehabbed - EQ myFICO 636
2014 - 10k Discover, 3.5k Freedom, AmEx Green, SL, Auto Loan - EQ myFICO 695

myFICO is the consumer division of FICO. Since its introduction 20 years ago, the FICO® Score has become a global standard for measuring credit risk in the banking, mortgage, credit card, auto and retail industries. 90 of the top 100 largest U.S. financial institutions use the FICO Score to make consumer credit decisions.

>> About myFICO
FICO Score - The Score that matters
Click to Verify - This site chose VeriSign SSL for secure e-commerce and confidential communications.
Fair Isaac Corporation is a BBB Accredited Financial Service in San Rafael, CA
FOLLOW US Social Media Facebook Twitter Pinterest Google+
}