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Difference in balance from settlement being reported

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Anonymous
Not applicable

Difference in balance from settlement being reported

For simplicity sake, credit card was charged-off @ $2,000. Stayed in house to be collected on by an outside attorney for the original creditor - they accepted settlement offer of $1,500 and continue to report the $500 as a balance. A call in to them about this and the response is that that is accurate because of some IRS 1099-C(?) reporting, so techincally the $500 balance is correct according to them?

 

Someone please help because I assume the account has a zero balance as they accepted settlement and reporting the $500 balance is inaccurate???

 

Thanks.

Message 1 of 20
19 REPLIES 19
BallBounces
Valued Contributor

Re: Difference in balance from settlement being reported

Which CC company?

When was the settlement payment made?

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Message 2 of 20
Anonymous
Not applicable

Re: Difference in balance from settlement being reported

Capital One

 

Balance was $1,981

Accepted and paid settlement of $1,500

 

They are reporting the difference of $481. They are saying it is not owed but that it is the balance on the account and therefore accurate?

 

I know these companies are constantly looking for ways to report just as we are all looking for ways to delete.

 

I initially thought this was nuts but am wanting an accurate perspective.

Message 3 of 20
BallBounces
Valued Contributor

Re: Difference in balance from settlement being reported

Strangely,  your exact question is one that folks don't like to give an educated opinion on.

 

Again, how long ago did you make that payment?

Do you have written confirmation that the debt is satisfied?

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Message 4 of 20
Anonymous
Not applicable

Re: Difference in balance from settlement being reported

Hi,

 

Bizarro experience.

 

Yes, I have a completion letter. And it was in March 2018. So it has been reported like this for 1.3 years.

 

I've disputed it with CRA. Apparently, I was disputing wrong as I was disputing ownership and not balance, etc. Finally and recently disputed it as being paid off, no balance, etc - CRA responded that it is being reported accurately because that is what was provided to them. Of course, I called in and CRA response is 'creditors can report whatever they want.' Huh? So they can report inaccurate information, I can dispute it because it is wrong and they can say it is right and therefore it stays on my report? again - HUH? Am I living in a delusional reality?

 

At this point, my head is going in circles and I don't know what to believe anymore.

Message 5 of 20
BallBounces
Valued Contributor

Re: Difference in balance from settlement being reported

I have the same general question as you, and simply don't know the answer.  I would assume that dispiuting it as "balance is incorrect, it should be 0" would resolve it, but like you I am not confident of that.  Getting the answer as to whether a creditor can report a settled debt as something other than "0" or "-" is proving difficult.

 

When I get a few minutes, I am going to look for the relevant FCRA language.... 

 

FYI, @RobertEG has previously written:
"The FCRA does not specficially state that a paid debt must be reported with a $0 balance, it states that they are required to promptly update ANY item previously reported in a manner necessary to reflect its current accuracy.  Section 623(a)(2) covers all reporting, without attempting to itemize all specific situations.

 

The assertion that paid debt = $0 balance is a fact in and of itself.

Unless they assert that the debt is not satisfied, they have an obligation under section 623(a)(2) to promptly update the current balance."

 

 

 

 

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Message 6 of 20
FireMedic1
Community Leader
Mega Contributor

Re: Difference in balance from settlement being reported

Settling a debt means that you have negotiated with the lender, and they have agreed to accept less than the full amount owed as final payment on the account. The account will be reported to the credit bureaus as "settled" or "account paid in full for less than the full balance" The account that appears as "paid in full" on your credit report shows potential lenders that you have paid the creditor the full amount that was due.  But not the entire balance. It isnt going to show a 0 balance due to it wasn't paid in full. But the fall off clock starts at DoFD. Any time you don't repay the full amount owed, it will have a negative effect on credit scores.



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Message 7 of 20
BallBounces
Valued Contributor

Re: Difference in balance from settlement being reported


@FireMedic1 wrote:

Settling a debt means that you have negotiated with the lender, and they have agreed to accept less than the full amount owed as final payment on the account. The account will be reported to the credit bureaus as "settled" or "account paid in full for less than the full balance" The account that appears as "paid in full" on your credit report shows potential lenders that you have paid the creditor the full amount that was due.  But not the entire balance. It isnt going to show a 0 balance due to it wasn't paid in full. But the fall off clock starts at DoFD. Any time you don't repay the full amount owed, it will have a negative effect on credit scores.


@FireMedic1, I am not sure that I agree with the part in bold.

 

If you have satisfied a debt through an agreement to settle for less, the account should in fact not show a balance due.  The creditor has, in fact, agreed you do not owe a balance, and can not report anything different as it would be incorrect.  They should show a balance of 0, or no balance.

 

My opinion above is corroborated by RobertEGs reflection of the FCRA noted a few posts above.

 

 

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Message 8 of 20
Anonymous
Not applicable

Re: Difference in balance from settlement being reported

This scenario has happened twice to me. Reporting the difference as a balance makes sense but...

 

I ended up calling a Consumer Attorney in my state who said that although it will show paid for less, the balance should reflect 0.

 

I will dispute 1 more round and then if nothing is changed, it sounds like a lawsuit will be filed.

 

 

Message 9 of 20
Anonymous
Not applicable

Re: Difference in balance from settlement being reported

These are definitely the things you learn AFTER settling, working with a debt settlement company, etc. The 1099-C are another thing I believe come as a surprise to people.

Message 10 of 20
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