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@IOBA wrote:The way it was understood, if we settled, it would be considered paid in full. Huge difference between paid in full and seriously delinquent/charged off/collections.
If the balance was charged off, then the cc company can not send a 1099 C saying they "forgave" the debt. The other debt that was settled reflects settled/paid as agreed.
WarOnChase -- I settled with the Original creditor for 30%. I kept offering, every 30 days. They finally accepted. The other cc that was settled and reports as settled. No lates related to the settlement. You want to settle with Chase? Whomever you do agree to settle with, get a letter FIRST before you pay them. Sneaky companies can "forget" even though the call is recorded, the terms agreed upon.
I believe that considering the account "paid in full" does not affect how the cc company handles the remaining balance. For them to be able to accurately report their loss, they charge it off. The lost amount can't remain on their books, and it can't show that it was ALL paid...thus the charge off status. It is accurate.
When the lost amount is charged off by the cc company, a 1099C is exactly what can and usually does happen at that point. It was a loss to them. It is a gain to you, and you owe taxes on the amount. IRS regulations come into play. Even though many think the cc companies are evil empires, they don't make the IRS reporting rules.
IOBA - A settlement is where a lot of companies get you. You need to be very careful how the letter is written. If it did not say something to the affect of "your payment settles this debt and you will no longer be held financially responsible for the remainder" then they can come after you for the rest.
It is not illegal for them to do that
Yes, they can send you a 1099-C if the balance was charged off. It is an accouting term only and you did not pay them all of the money owed. Since you did not pay them the balance, it is considered income for the year the 1099-C is issued. Forgiving the debt is not exactly what you may think it is. You still owe the money.
Always get a letter before any money exchanges hands.
This hasbeen a great conversation. I don’tfeel that I have an answer to the original question.
If anaccount is settled, without any "lates", does it affect the creditscore differently than if there were lates before settlements?
Since Iposted that question, I have seen the credit report. It appears that if there are no lates, it does not look asbad. It reports as settled.
Logically,the more lates on a credit report, the lower the FICO score.
Logically,the fewer lates on the a credit report, the better.
Logically, asettled account is going to hurt the FICO score.
Logically, asettled account with lates is going to hurt the FICO score more.
Anyone knowfor sure? LOL – anyone have thatdarn FICO formula!
No, it does not matter that their were no lates. Settled is settled and that is bad.
The cccompany acknowledged that it should NOT have been reported as a charge offsince it was settled.
The cccompany acknowledged that it should NOT have been reported as a delinquentsince it was never delinquent.
The cccompany acknowledged that I do NOT owe them any more money, as the accountsettled.
Guiness56 –is there a recommended letter or form for offering a settlement to a companyand that would cover all the bases? You have mentioned that the companies can come after you for the balanceeven though things were “settled”.
In the caseI am referring to, it was done over the phone. The rep took the information and said they would get back tome. I followed up and they hadaccepted. I insisted on a letterconfirming the terms before I would pay them. I don’t have access to the letter right now, but I want tosay that it said it would accept the settlement amount as paid in full. I fully expect a 1099 C for this –because they “forgave” part of the debt. I objected to them saying it was a charge off and delinquent after itwas “settled”. They certainly havethe right to report it as settled, cuz it was. They also should report is “paid as agreed” because it was –the last agreement we had.
Totallyirreverent as far as settling goes, this cc continued to allow things to becharged each month, for nearly two years after the card was closed. And at $800-1100 a pop, each month,plus interest, that adds up to a hefty amount. Even more than what they wrote off. They refused disputes. And they acknowledged that no chargesshould have gone on the card after it was closed. But since the cc was paying the money to themselves(different department) they weren’t about to stop. Both departments pointed fingers at the other department anddenied accountability. The amountpaid in the settlement was the original charges PLUS a boatload of interest onan inflated balance that shouldn’t have been. As far as I know, there’s no help when a cc allows chargesor refuses to dispute charges.