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Help with collection

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trc1962
Regular Contributor

Help with collection

I have posted about this previously and have been working on it and could use some help/advice. I had a charge of from 2011 from JC Penney for $741 and when I contacted JC P to make payment, they sent me to a company called "crown asset management." When I contacted this company they said they weren't handling the collection and sent me to an attorrneys office. When I called them they agreed to a payment plan and at that time nothing was on my credit report for this account except the charge off. I have made 2 payments and suddenly a collection pops up on my account from JC Penney and the collection is listed under Synchrony Bank FKA GEO Capital. I want the collection to note that it is open and being "paid as promised." Crown Assett Management, JC Penney and the Attorney office all say to contact one another. I have called Synchrony Bank and they do not have an account in my name. What can I do? I am pulling my hair out with this one.

Message 1 of 9
8 REPLIES 8
thomasjm99
Regular Contributor

Re: Help with collection

This is interesting, and I'm curious about what others would do here.

 

It sounds like a simple DV, but if there is never any communication from Synchrony in writing, what is there to DV? Additionally, if you dispute the CRA directly, it then may cause the true CA/Attorney to report the activity that currently appears to not be reporting, so it's a little sticky from what I can see.

 

Sorry if this isn't much help, but I'd like to know from some of the more seasoned folks on here if my description above makes sense and what the right course of action could/should be.

Message 2 of 9
Anonymous
Not applicable

Re: Help with collection

Synchrony is not a collector, they are the OC. They were apparently underwriting JC Penneys accounts from the looks of it

 

DVs are for collectors, not OCs.

Message 3 of 9
thomasjm99
Regular Contributor

Re: Help with collection


@Anonymous wrote:

Synchrony is not a collector, they are the OC. They were apparently underwriting JC Penneys accounts from the looks of it

 

DVs are for collectors, not OCs.


Then they should be reporting the debt as a CO, right, and not a collection?

Message 4 of 9
trc1962
Regular Contributor

Re: Help with collection

Is it okay for me to request that the collection is "being paid as agreed?" I don't want it to look like I am not taking care of it. They refused to PFD so when it pays off in 3 months then I will begin G will letters. Is it okay for JC Penney to still list the bill as a charge off while it is also a separate collection? I haven't dealt with a charge off before.

Message 5 of 9
thomasjm99
Regular Contributor

Re: Help with collection

I am going to stick my neck out there as I believe what I am saying to be accurate...

 

A Charge Off is typically action taken by the OC in lieu of selling to a Collection Agency. For example, I have a $300 Charge Off from First Premier, but do not have this listed on my CR's as a Collection Account. However, I have a CA for an old Credit One Debt that is reporting under the Collection Agency and not under Credit One.

 

This is why I was a little confused about the situation you posted based on my knowledge of: Charge Off = OC, Collection = Collection Agency

 

I am not sure if CA's report to the CRA's about any payment arrangements currently in process. They may update the balance on a monthly basis, and then show it as "Paid" once the arrangement has been satisfied...

Message 6 of 9
trc1962
Regular Contributor

Re: Help with collection

This might sound like a dumb question, but shouldn't the collection and the charge read as "paid with zero balance" once I have finished my payment plan? I have dealt with a lot of collections, but never a charge off and it is a bit confusing. Thanks!

Message 7 of 9
RobertEG
Legendary Contributor

Re: Help with collection

The taking and reporting of the charge-off is totally separate from any issue of subsequent collection on the debt.

It is simply a reporting by the creditor that they moved the bad debt in their accounting books from a receivable asset over to an loss as a bad debt.

The consumer continues to owe the entire debt, and can continue to collect upon it themselves of via a debt collector.

A charged-off debt can also become a collection if referred to or sold to a debt collector.

 

An in-house collection can still qualify as a debt collector under the FDCPA, and thus report a collection.

As clearly defined under FDCPA 803(6), "the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts."

Synchrony is thus considered a debt collector, and subject to all provisions of the FDCPA.

 

As you pay the debt, you can insist that they promptly update the remaining balance under their collection, and notify the credtior of the current balance.

FCRA 623(a)(2) requires a party who has reported to a CRA to promplty update their reporting so as to maintain its current accuracy.

It is common for creditors and debt collectors not to update the remaining balance  after receipt of each payment, but technically you can insist that they do so.

 

Once the debt is paid, neither the charge-off reported by the OC nor any collection that might also be reported by a debt collector is required to be deleted.

They are required to promplty update the balance to show $0 debt (creditor) and $0 remaining under collection (any debt collector).

Message 8 of 9
thomasjm99
Regular Contributor

Re: Help with collection

Thanks for the detailed reaponse Robert! Definitely clears things up for me even though this isn't even my thread! The myFICO community wins again!
Message 9 of 9
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