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Cap One Marks 30 days late each month

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Anonymous
Not applicable

Cap One Marks 30 days late each month

Hello,

Almost 4 years ago my ex-spouse demanded we apply for a bankruptcy.  The petition was filed I but dismissed before the plan was even confirmed (I found out he was divorcing me and had planned on locking me into a payment plan).

Cap One was not ordered by the courts to close my account, but they chose to do so knowing that a petition for Chapter 13 had been filed.

Now I am paying them each month.  They mark me 30 days late every single month and told me that they would continue to do so until the amount is paid off.  Can they legally be doing this?  I think this means they ding my score over and over and over.

Thanks

Message 1 of 9
8 REPLIES 8
RobertEG
Legendary Contributor

Re: Cap One Marks 30 days late each month

If an account is closed, they can no longer post subsequent delinquencies.  There are no acitve terms for you to be delinquent upon.

 

I would dispute these under FCRA 611(a) as beng improper

Message 2 of 9
AndySoCal
Valued Contributor

Re: Cap One Marks 30 days late each month

I presume there was never a missed payment or missed payment that was not caught up on. Is that correct?  If yes then my answer would be no. I would dispute the account and show the bureau(s) proof of your payment history and that should be enough to remove those lates. I can understand Capital One closing the acount whne the received notice that the BK was filed. Usually credit card debt is usually dischared in the BK and the credit company loses the money. Capital one closed the account to protect themselves from any more potential loss due to the BK.

FICO Scores XPN v8 802 V2 831 (SDFCU) TUC 803 v8 EFX 807 (10/2023)
Discover 09/90 19,000, JCPenney 10/2008 4,700 US Bank Cash+ 12,000 Citibank Custom Cash 5/2015 11,100 C State Dept. FCU 15,000 06/2023 , 02/2024 Redstone FCU Signature VISA 10,000 Banking: Ally Bank Credit Unions: Lafayette FCU Quorum FCU State Department FCU State Department FCU Pelican State CU Redstone FCU

Message 3 of 9
RobertEG
Legendary Contributor

Re: Cap One Marks 30 days late each month

Dispute under FCRA 611(a):

 

"Creditor (name) is continuing to post monthly delinquencies to my credit report on an account that they closed in (date).

 

"Since the account was closed by them prior to their continued monthly reporting of delinquencies, they are no longer providing me with billing statements upon which to base any posting of subsequent delinquencies.  More specifically, they are continuing to report repeated monthly 30-day delinquencies.

 

"I dispute this improper reporting under FCRA 611(a),and request your investigation, and deletion of those posts to my CR that occurred after closing of this account."

Message 4 of 9
Anonymous
Not applicable

Re: Cap One Marks 30 days late each month

I do understand why they closed the account.  Basically they have told me that when they closed it that the entire amount became due.  Until it is paid it is 30 days late.  They do send monthly statements.  Does that make a difference?

Sincere thanks!

Message 5 of 9
Anonymous
Not applicable

Re: Cap One Marks 30 days late each month

There were missed payments for a period of 3-4 months when the petition was filed and then during divorce proceedings determining what would happen to debts.  Since then they have been paid.
Message 6 of 9
Anonymous
Not applicable

Re: Cap One Marks 30 days late each month

Interestingly, Capital One Changed my account to charged off despite my asking them not to do so.  It turned out to be a good thing with Experian.  My score jumped over 60 points.

I haven't looked at my other reports because I have so many open disputes I don't think it is worth it until the disputes start getting settled.

Message 7 of 9
AndySoCal
Valued Contributor

Re: Cap One Marks 30 days late each month

On the Experian report is an account that was in dispute on a prior report no longer showing as in dispute? If so that may account for some or all of your score increase.  How was the account reporting prior to the change? 

FICO Scores XPN v8 802 V2 831 (SDFCU) TUC 803 v8 EFX 807 (10/2023)
Discover 09/90 19,000, JCPenney 10/2008 4,700 US Bank Cash+ 12,000 Citibank Custom Cash 5/2015 11,100 C State Dept. FCU 15,000 06/2023 , 02/2024 Redstone FCU Signature VISA 10,000 Banking: Ally Bank Credit Unions: Lafayette FCU Quorum FCU State Department FCU State Department FCU Pelican State CU Redstone FCU

Message 8 of 9
Anonymous
Not applicable

Re: Cap One Marks 30 days late each month

I never disputed the cap one.  They had been marking me 30 days late since 2005 every single month even though I made payments.  I asked them how they could do this on at least 3 occasions and they informed me that until the balance was paid in full they would continue to mark it 30 days late whether or not I made a payment (which I was making payments every single month).  I begged them to stop doing it because I was making payments and they told me that I would have to find a way to refinance it with someone else because they were going to continue to mark it as such.  About 3 weeks ago I called to ask cap one if they would settle the account so I could get it taken care of.  She told me that they weren't even allowed to settle it.  I explained that if they would settle it I could probably get a loan to pay it off.  They told me they absolutely were not allowed to settle it (I think they just like the large payments that I am paying).  Anyway, I again asked her about the 30 days late every month.  She informed me that the account had actually be charged off in 2005 (I had no idea) and that it was incorrect to mark it 30 days late every month (mind you, I had brought this up on several other occasions).  Anyway, she said that they needed to fix that on my credit report.  At that time I asked her not to as I didn't know what was worse, 30 days late or charge off in 2005.  Anyway, she apparently decided to change it.  The day that I received notification about a change on my credit report (that was the only change) my score jumped 60 points).  Yes, there are other open disputes and such.  However, this was the only change that had been made.  Strange, huh? 

Then today I received the letter about the supposed payment plan that I supposedly agreed to.  I want to pay this debt off, but I do not want to be locked into a payment plan in case of emergency.  I don't know how they can force me into a payment plan for a debt that has been charged off for so long.  What is the Statute of Limitations on something like this?  My brother is a lawyer (the class action kind who has no problem dealing with huge companies).  I may need to get him involved.  He does not specialize in my type of problem (although he is not intimidated by large companies).  Any information that helps me know my rights would be appreciated.

Thanks in advance, this forum has been awesome.

Message 9 of 9
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