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Help with Charge Offs, Collections and Late Payments

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Rebuild22
Member

Help with Charge Offs, Collections and Late Payments

Hi everyone first thanks for reading and hopefully helping. I really messed up my credit and I really want to buy a house for my family. I've been making a lot of progress but now I seem to be stagnant. I'm trying really hard to hit 580 in mortgages scores in 2/3 bureaus.
An important piece of information is that I live in North Carolina and under NC law attempting to collect a debt by a DEBT BUYER,after the SOL has passed falls under unfair practices, the SOL in NC is 3 years, here is the law:
§ 58-70-115.  Unfair practices.
No collection agency shall collect or attempt to collect any debt by use of any unfair practices. Such practices include, but are not limited to, the following:
(1) Seeking or obtaining any written statement or acknowledgment in any form containing an affirmation of any debt by a consumer who has been declared bankrupt, an acknowledgment of any debt barred by the statute of limitations, or a waiver of any legal rights of the debtor without disclosing the nature and consequences of such affirmation or waiver and the fact that the consumer is not legally obligated to make such affirmation or waiver.
(4)  When the collection agency is a debt buyer or is acting on behalf of a debt buyer, bringing suit or initiating an arbitration proceeding against the debtor or otherwise attempting to collect on a debt when the collection agency knows, or reasonably should know, that such collection is barred by the applicable statute of limitations.
Current scores:
Eq: Fico 8 589 Fico 5 535 
Exp: Fico 8 612Fico 5 537
Tr: Fico 8 Fico 5 568
Equifax
Average Account Age 4 Years, 5 Month
Length of Credit History 17 Years, 5 Months
Oldest Account MACYS/CITIBANK, N.A. | May 2005
Most Recent Account FINWISE/OPPLOANS | Aug 2022
Collections accounts:
-Convergent Outsourcing (Xfinity Mobile): Date of first delinquency 08/2019, Date assigned 03/2022. REAL last payment date was 05/2019. This collection is the one debt that I should not have at all. This xfinity mobile account was closed and paid after they made over $600 on data charges when my plan was supposed to be unlimited, after they did this a second time and successfully collected $817 from my card on auto-pay I closed the account, I was owed credits, never heard from them again until I got hit with this collection account, I did contact Convergent, explained this and also explained the NC SOL, they say they would update the collections to CANCELLED I'm not sure what this means. Balance is $870
-DEBT RECOVERY SOLUTIONS, LLC (CASHNETUSA): This collection was opened/date assigned on 08/2022, Date of first delinquency was 12/2018. With this said this was sent to collections after the SOL ran out and they've been trying to collect since. The balance is also incredibly inflated. Can they send an account to collections of they are barred? What is my best course of action here?
-National Credit Adjust (NCA): This one is listed under other accounts and noted as paid and closed. This was from a Total Visa account. the date of first delinquency was 07/2017, now this collection was opened on 08/2020 just after the SOL had passed, therefore engaging on unfair practices etc, etc. I paid off this collection (because I didn't know any better) on 08/2021
Charge offs:
Comenity Bank/Pacsun: Status: Closed Charge_Off, transferred or sold, Balance  0, Credit limit and available credit $480. Date opened 06/15, date of first delinquency 01/18. I have a letter from them saying that my account was paid off in full as agreed in 2017,it is not reporting any payment history.
First Premier (1/2): Paid Charge off: Date of first delinquency 07/2017, payment history shows a 60 days late from 08/2017, CO status from 08/2018-09/22 then nothing else reported.
FINGERHUT: Really Hoping I can do something about this one: Current status Charge Off, balance $483, Credit Limit $500, Available Credit $17. Date opened 04/15, date of first delinquency 07/17. Reporting 60, 90 and 120 days late starting 07/17, reporting charge off 08/18 to date. I am more than willing to do a PFD but not sure how to proceed.
First Premier (2/2): Paid Charge off: first delinquency 07/17, account opened 04/15, payment history 60, 90 days late from 08 & 09/2016, 60/90/120 starting on 08/2018, CO status from 08/2018-10/22 then nothing else reported. T
TBOM Milestone: Paid Charge off: Showing 0 balance, opened on 07/2015, date of first delinquency 07/2017. No payment history showing
Merrick Bank: Paid Charge off: Date opened 07/2017 DFL 08/2017, Only payment history showing is 10/2018 to 08/22 as a charge off
-OPEN SKY: REALLY hoping I can do something about this one. Secured credit line that I opened with 2k on 03/18. I didn't manage it well and closed it thinking the balance would be paid with the secured funds, apparently they tackled admin fees and the card was charged off for the grand total of $118. Payment history is showing: 60 days late 06/2018, 09/2018, 11/2018, 90 days late 10/2018 and 12/2018, 120 days 01/2019 and CO as of 02/2018 to 10/2022. Now date of last payment shows as 10/2018 and delinquency first reported as of 01/2019 which makes no sense when looking at the payment history. What can I do to get this off my report??
The Bank of Missouri: Charge off/ Transfer or Sold: I'll be honest I can't remember what happened with this account, I think I paid it off but I can't recall. 0 balance and no payment history being reported at all. Date opened 09/2016, Date of first delinquency: 06/2017, date closed 11/2017
Westlake Portfolio (installment/auto): Paid Charge off, this was a joint account and I was a co-signer, any chance to have it removed? Date opened 12/2017 date of first delinquency 08/2018. Now this account is messed up, we made an arrangement and paid it off back in 2019 but naive me didn't get it in writing, fast forward to 2022 they show up out of the blue to repo the car. After a lot of back and forth we paid it off AGAIN in 03/22 and got the title. Payment history is showing: 60 days late for 10/2018, 11/2018, and 01/2019, 90 days late for 12/2019, 02/2019, and 05/2019, 120 days late for 06/2021 OK for 03/2019 and 04/2019, and finally CO from 07/2019 to 03/2022 which is when it was paid off, nothing reporting since. This company bought our loan/debt from Honor Finance who is reporting paid as agreed. Not sure how to deal with this one.
LATE PAYMENTS and Balances ON OPEN ACCOUNTS:
The Bank of Missouri (TBOM)/Total VISA: Account opened on 08/2020 2% utilization, showing 60 days late payment for 08/2021 (had COVID) and 08/2022 (I was involved in severe car accident where my rental car was totaled, I actually did submit payment but it got returned, I never got a notification and with all the money going in and out of my account I didn't notice). I'm not sure why it's reporting 60 days when it should be 30 for each occasion.
Capital One (1/2): Account opened 05/2017 0% utilization. No 30 days late. 60 days late on: 06/2018, 09/2018, 12/2018, 05/2018. 90 days late on: 10/2018, 01/2019, 06/2019. 120 days late on 02/2019 and 07/2019. Haven't missed a payment since 08/2019 to date.
Capital One(2/2): Account opened 01/2009 0% utilization, No 30 days late. This is a weird card, it is open and paid off but I cannot use it. I haven't closed it because it is my oldest account. No 30 days late, 60 days late: 11/2017, 06/2018, 09/2018, 11/2018, 06/2018. 90 days late: 10/2018, 12/2018, 07/2018. 120 days late on 01/2019. Paid as agreed from 08/2019-08/2021 and nothing reporting after that.
Credit One (1/3): Account Opened on 06/2022 utilization incorrectly reporting 31% (should be 1%, not sure why the only payment being reported is 09/22. Anything I can do so they will actually report all the other months and my balance correctly?
Credit one (2/3): Opened 08/2019 utilization 1%: Paid as agreed 09/19-10/19
Chime/Stride: Opened 07/2020, I'm not sure why date of last activity is showing 11/2020. I'm also not sure how to use this card to better my credit, I have deposits going to it every month, the reporting is pretty spotty too 07/2020 -04/2021 paid as agreed, nothing reported from 05/2021-12/2021, paid as agreed from 01/22- 05/22 and nothing since.
Macys/Citibank: I am an authorized user in this account, account opened 05/05, utilization 59% (I have no say on this) reporting paid as agreed 11/20-09/22. Any idea why is not showing previous history?
Armed Forces: Secured credit card, opened 07/2020 utilization 25% but should update to 0% this week. paid as agreed 07/2020-08/2021 1 late 60 days payment, not sure why it is reporting 60, it should report 30 (had COVID), paid as agreed 07/2021-09/2022.
TBOM/Verve/Continental Finance (3/3): Opened 10/20, utilization showing 64%, they put in the annual fees and an auto pay came out on the date the statement closed but should update to 1% this week. 2 60 days late payments: 01/21 07/21, not sure why they are showing 60 and not 30. The rest paid as agreed from 11/20-09/22
Credit One (3/3): Opened 02/2021, utilization  0% in the next few days. Paid as agreed 02/21-09/22.
Well that was long AF, if you read this far THANK YOU. Any advice and help is EXTREMELY appreciated.
Message 1 of 5
4 REPLIES 4
Rebuild22
Member

Help with Cashnet DRS and Plaza Services

Hi Everyone,
Looking for some advice, I have a collections account from DRS ( Debt Recovery Solutions) on all my reports. This is my only unpaid collection, besides a paid NCA collection.
Now the original creditor is Cashnet and the date of first delinquency is 12/2018, the SOL in NC is 3 years, therefore this debt is out of the SOL and they cannot sue me over it.
On top of that, debt buyers are barred from any collection attempts under North Carolina General Statutes 58-70-115. Unfair practices
(4)        When the collection agency is a debt buyer or is acting on behalf of a debt buyer, bringing suit or initiating an arbitration proceeding against the debtor or otherwise attempting to collect on a debt when the collection agency knows, or reasonably should know, that such collection is barred by the applicable statute of limitations.
Now this seems like a no brainer right? Don't pay it BUT Cashnet is not barred by the same law, even though they cannot sue me they can report so would it be in my best interest to negotiate with Plaza (debt owner) for 20-30% of the debt so they don't just return/sell back the debt?
 
Any insight would be much appreciated!
Message 2 of 5
FireMedic1
Community Leader
Mega Contributor

Re: Help with Cashnet DRS and Plaza Services

Welcome @Rebuild22 

In a nutshell. Paid is better than owed for future lenders. Settle it and move on. They dont do PFD. Go for the 30%. Older the lower they usually go.



BK Free Aug25
Message 3 of 5
Rebuild22
Member

Re: Help with Cashnet DRS and Plaza Services

So they will remove without payment because they are not even allowed to collect. I'm more about is it worth paying just so it doesn't go from CA to CA.

Message 4 of 5
DogwoodLynx
Frequent Contributor

Re: Help with Cashnet DRS and Plaza Services


@Rebuild22 wrote:

So they will remove without payment because they are not even allowed to collect. I'm more about is it worth paying just so it doesn't go from CA to CA.


Sounds like you should talk to an FCRA attorney if you have things showing incorrectly.

Siggy updated Feb 16 2023
Chapter 7 BK discharge: 12/19/22
Inquiries: 6/6mo 7/12mo 7/24mo – Latest inquiry: NFCU - Approved 01/23
Financial Goals: Continue to build by wellness business (currently a DBA), heal my credit report with time and good payment history
“You’re never gonna make the shots you don’t take, so you might as well fire away!” – Little Big Town (music group)

Message 5 of 5
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