cancel
Showing results for 
Search instead for 
Did you mean: 

Company showing a balance but they have reported it as a Charge Off/Other Derog

tag
Anonymous
Not applicable

Company showing a balance but they have reported it as a Charge Off/Other Derog

Nationwide Cassel LP has charged off my account but is reporting a balance. They will not accept payment direclty and turned it over to KEITH D. WEINER & ASSOC. CO., L.P.A Attorneys at Law. The attorney will accept payment but will not report the payments to the credit bureaus. They will not provide reciepts or an invoice of any kind. Can anyone PLEASE give me some ideas on a new approach. Is there something in the Fair Credit Act that I am missing that will help me to get them to report the payments or show a zero balance? I am assuming that this attorney is not a debt collector. They are probably Nationwide's attorneys. BTW, the attorney is not on my credit report.

Message 1 of 6
5 REPLIES 5
JVille
Valued Contributor

Re: Company showing a balance but they have reported it as a Charge Off/Other Derog

Have they sent you a demand letter? Have you requested written proof they represent the creditor and verification the debt is yours? With these 2 pieces of documentation you can pay by Cashiers Check from your bank. Then have your bank provide you with proof (copy of front & back of check) that the check has cleared and it will show who you made it out too. THEN the documentation sent by the Legal Firm you submit it all to the 3 credit bureaus and they will show the acct as a PAID charge off. What a Pain!

Message 2 of 6
Anonymous
Not applicable

Re: Company showing a balance but they have reported it as a Charge Off/Other Derog

JVille,

 

Thank you for responding. There was a judgement of $8k so paying it off is not possible. I've been paying this attorney by checks so that I have my own reciept but they won't provide anything back. I sent the judgement court documents and all the checks showing payment (btw on time) to Equifax first to see what kind of response I would get. They investigated it and came back with the account stands as is. Still no change to the balance from all the payments I've already made. If at least the balance would start to go down that would help but it is the same as it has been from the start. I may try sending the same documentation to the other two bureaus.

Message 3 of 6
RobertEG
Legendary Contributor

Re: Company showing a balance but they have reported it as a Charge Off/Other Derog

The attorney may or may not qualify as a debt collector, which depends upon whether or not their duties are primarily collection of debts or their primary duties are legal representation, but that is not determinative of ultimate reporting of payments made.

They are an agent of the creditor, so they are responsible for notice to the creditor whenever payments are made.

 

FCRA 623(a)(2) places the obligation on any party who has reported information to a CRA to "promptly" update that information as necessary to maintain its current accuracy.  Thus, as payments are made and notice provided to the creditor, they (the creditor) is then required to update the current balance.  No explicit period in days or weeks is set under section 623(a)(2).  The legal standard is that update by prompt, which reasonably would mean within their next regular reporting period.

 

The fact that the account has been charged-off is irrelevant to reporting of current balance, as the full debt remains due after taking/reporting of a charge-off.  The relevant factor is the requirment to promptly report changes to the CRA.

 

If the creditor is not providing updates of the current balance to the CRA as you pay down the debt, then I would wait at least a month and a half after they receive payment.  If they have not then reported an update, you could reasonably at that point file  a dispute asserting lack of prompt update, as mandated under section 623(a)(2).

 

As an aside, if the creditor also has a judgment, then they are required under the Rules of Civil Procedure for your state to notify the court within x-days of complete repayment of the debt that it is now discharged.  That is not optional on the part of the attorney, and once done, would also be clear basis for proof that the debt balance on their reporting with the CRA should also show $0.

Message 4 of 6
Anonymous
Not applicable

Re: Company showing a balance but they have reported it as a Charge Off/Other Derog

RobertEG,

 

Thank you SOOOO much!!!! That is the exact information I have been looking for. Us credit dummies, we need good advice like this because it can get very frustrating dealing with the companies and credit bureaus. Not to mention lawyers.

 

Thank you!

Message 5 of 6
JVille
Valued Contributor

Re: Company showing a balance but they have reported it as a Charge Off/Other Derog

If this is a Judgement then everything I posted does not apply. Once you have paid the court ordered Judgement the Law Firm will be required to File with the Courts a “Satifaction” Of Judgement. You may need to get an attorney and go to court to force them to do this.

BTW, The Satisfaction Of Judgement is a recorded document in the court records.
Message 6 of 6
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.