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I paid a $445 CO to CapOne. They were deceitful with their arrangement (They said they will remove it).So far the account has been updated to paid charge off
. Is this the best status on the tradeline? Do I have a legal way to honor their verbal agreement.? Can they update the status to something better,? I removed a medical collection also and it took 3 months. Can this new status help my credit report? The account was opened in 2011, paid off in June 2017 . When would this come off my credit report? Thanks for any advice!
first late or first charge off??
found it on the real credit report 6/2016
A debt that has become delinquent has a Current Status of delinquency, which can be either reported as a level of monthly delinquency, such as 90-late, or if serously delinquent and not expected to be paid, as a charge-off.
The Current Status is simply a snapshot of the status as of their last reporting. When a debt is paid, the creditor is required to "promptly" update the debt balance to $0 and the current status to paid. FCRA 623(a)(2). If satisfaction of the debt is agreed as a settlement for less than the full debt, the creditor can also report the special comment that clarifies the paid status as being for less than the full amount of the debt, but the debt is still discharged and its balance is $0.
An agreement to delete any adverse reporting to a CRA, such as the charge-off, is separate.
The Paid or Paid/settled for less current status is still accurate, and is not disputable.
While CRA policy instructs creditors not to delete based on payment of the debt, if the creditor agrees prior to payment to deletion, it is a contract term that becomes legally binding once the consumer complies by paying the debt.
Yes, you can bring civil action against the creditor for breach of contract (written or oral, as the case may be) if you pay and they subsequently fail to comply with their agreement. It is a matter civil contract to be heard and decided by the courts.
I would advise sending an intent to sue letter, notifying them of their contract agreement, and giving them one reporting cycle to comply with their agreement.
It would be unusual for Cap1 to verbally agreed to a PFD on a recent charge off, but I think your best bet would be to email the CEO regarding their promise to delete. You can find his email address with a Google search.
Thanks..I will try a letter. They said that they will look at recorded conversations. And they did promise. BTW My fico just got bumped to 639 Eq after CAP ONE is reporting as paid charge off. So I guess it does affect the score.
On credit karma equifax..today it said..Your cap One card has been removed from your report or profile. Could it be real??I don't have access to a real credit report.